Comite Interprofessionnel des Vins Des Cotes de Provence & Anor v Bryce, Stuart Alexander & Anor [1996] FCA 742

Comite Interprofessionnel des Vins Des Cotes de Provence & Anor v Bryce, Stuart Alexander & Anor [1996] FCA 742

The respondents sold wine labeled with the name 'Provence', which is a registered geographical indication. However, the applicants failed to establish that the respondents had actual knowledge that 'Provence' was on the Register at the relevant time. Accordingly, there was no contravention of s 40C(1) or s 40E(1), and no basis for injunctive relief.

Parties
First Applicant: Comite Interprofessionnel des Vins des Cotes de Provence; Second Applicant: Institut National des Appellations d'Origine; Respondent: Stuart Alexander Bryce; Respondent: Kay Mary Bryce
Jurisdiction
Australia
Judgment Date
23 August 1996
Procedural Posture
Trial of Separate Issue (preliminary Issue) / Judgment After Hearing on Preliminary Issues
Outcome
Applicants' claims under the Australian Wine and Brandy Corporation Act dismissed on the separate issues. Applicants to pay respondents' costs for trial of the questions under O 29 r 2.
Legal Topics
Geographical Indications, Wine Labeling, False or Misleading Descriptions, Passing Off, Standing to Seek Injunction, Knowledge Requirement
Intellectual Property Trade Practices Geographical Indications Wine Labeling False or Misleading Descriptions Passing Off Standing to Seek Injunction Knowledge Requirement

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Parties

Comite Interprofessionnel des Vins des Cotes de Provence

First Applicant

Institut National des Appellations d'Origine

Second Applicant

Stuart Alexander Bryce

Respondent

Kay Mary Bryce

Respondent

Procedural Posture

Trial of Separate Issue (preliminary Issue) / Judgment After Hearing on Preliminary Issues

Legal Issues

  1. 1 Whether 'Provence' is a registered geographical indication under the Australian Wine and Brandy Corporation Act 1980 (Cth)
  2. 2 Whether the respondents sold wine with a false description 'knowingly' under s 40C(1)
  3. 3 Whether the respondents sold wine with a misleading description within the meaning of s 40E(1)

Ratio Decidendi

The respondents sold wine labeled with the name 'Provence', which is a registered geographical indication. However, the applicants failed to establish that the respondents had actual knowledge that 'Provence' was on the Register at the relevant time. Accordingly, there was no contravention of s 40C(1) or s 40E(1), and no basis for injunctive relief.

Court Disposition

Applicants' claims under the Australian Wine and Brandy Corporation Act dismissed on the separate issues. Applicants to pay respondents' costs for trial of the questions under O 29 r 2.

Orders

  • Questions ordered to be heard separately answered as follows: 1(a)&(b)(i) No; (ii) Yes; (iii) No. 2(a)&(b) No, although the applicants have standing to bring the proceedings. 3. No.
  • Directions hearing adjourned to a date to be fixed by the Tasmanian District Registrar.