Wine can’t live without wine grapes. Right? Well, in South Africa they can. A Western Cape High Court ruled that wine and wine grapes are very different goods.
Zonquasdrift farm owns a trademark registration for Zonquasdrift, registered for ‘wine’. Another farm owner sells wine grapes under the name Zonquasdrif Vineyards (without the ‘t’. The court found this not infringing, as it concerned different goods. What?!
The court noted that wine grapes are not suitable for human consumption and are not sold to the general public. Buyers of wine grapes won’t be confused, because they’re experts, and are not confused easily. Buyers of wine (the general public) won’t be confused either, because they won’t even be exposed to wine grapes. Sounds logical right?
Well, maybe the South African court was right after all. Although, after 2 bottles of wine everything is confusingly similar.
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