Jon Gluck and some friends of his were enjoying an expensive dinner when they realized that the water on their table just didn’t match the quality of the food and wine. Inspired, he founded a high-end water company (as in, the water is “crafted” by a “water sommelier” and sells for between $5-$12 and up) and named it Beverly Hills 9OH2O, calling the water “the Champagne of waters.” Clever, right? Although I did wonder about the play on the television series “Beverly Hills 90210.” The cease and desist letter came, however, from the Comité Interprofessionnel du Vin de Champagne, the organization that protects and enforces the industry’s rights in the Champagne mark as an appellation of origin. The organization demanded that Beverly Hills 9OH2O remove the use of “Champagne” from any marketing, as it is likely to dilute the distinctiveness of the mark. Wishing to avoid litigation, Mr. Gluck has discontinued use of the phrase in favor of “The World’s First Sommelier-Crafted Water.”

The Comité Interprofessionnel du Vin de Champagne has a long history of aggressively enforcing the mark and preventing use of the term “Champagne” as a color or the “The Champagne of…” as a tagline in a wide range of industries, including cigarettes, shoes, and sodas.

Sources: http://beverlywater.com/ http://blogs.wsj.com/law/2013/10/10/a-trademark-battle-for-the-1/

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