Defense and management organization

Internet domain name: a decision in favor of protecting the "Bordeaux" PDO

The INAO and the Conseil interprofessionnel du Vin de Bordeaux (CIVB) have won a case brought since 2023 for the protection of the PDO "Bordeaux". The February 20, 2025 decision by the Paris judicial court reiterates the impossibility of appropriating a PDO name within a website domain name made up exclusively of the name of a PDO with no other distinctive elements.

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Mots-clés

Protection of signs and names

Court decision

Bordeaux PDO

Viticulture

A commercial website using the PDO name "Bordeaux"

The CIVB's attention was drawn in 2022 to the creation of the website "www.lesvinsdebordeaux.com" intended to market various wines from the Bordeaux region. The CIVB therefore sought the opinion of the INAO. This website name appeared to be highly problematic.

It includes the reference "Vins de Bordeaux"even though the wines marketed are not all from this PDO or authorized to refer to the larger geographical unit "Vin de Bordeaux" (eg: Médoc, St-Estèphe, Pauillac, St-Julien, Margaux...)
It consists exclusively of the reference to the PDO "Bordeaux", without any other distinctive elements, thus constituting an undue appropriation of the PDO and suggesting that this is an official site dedicated to the wines of this PDO.
It is very close to the domain name of the CIVB website, www.bordeaux.com.

The CIVB sent a letter of formal notice to the holder to no avail, and therefore requested the support of INAO to intervene. At the beginning of 2023, the INAO and the CIVB summoned the company concerned before the civil courts.

Justice finds exploitation of the PDO's reputation, usurpation of the appellation and consumer deception.

In its decision, the Paris TJ upheld most of the CIVB and INAO's claims.

The "lesvinsdebordeaux.com" domain name and sign constitute exploitation of the PDO's reputation. They therefore characterize an infringement thereof, even if the operator actually markets Bordeaux PDO wines, given the absence of distinctive elements apart from the PDO name.

The use, both as a domain name and as a brand name for an online sales site and its content, of the appellation "Bordeaux", to which are added the words "the wines of", thereby reinforcing the link with the appellation, characterizes not only an illicit appropriation of the appellation, but also a direct and indirect commercial use of it, such use manifesting an exploitation of its reputation, regardless of the fact that many sites use the term "Bordeaux" in their domain name or as a trade name.

Extract from the decision of the Paris judicial court of February 20, 2025

Furthermore, the use of the appellation "Bordeaux" to designate a site that offers for sale - in addition to wines benefiting from this appellation - wines that do not, constitutes not only usurpation of the appellation but also deception.

The fact that this operator uses the appellation to designate a site that does not exclusively sell wines of this appellation constitutes usurpation, as well as deception within the meaning of art 103§1 a, b and d). It is irrelevant that the true origin of these wines not eligible for the appellation is clearly indicated as "Vins de France" or "IGP Vins des pays de l'Atlantique" in the description accompanying each of them on the website, or that they are only wines from the same territory as the wines covered by the "Bordeaux" PDO and put online by the same producers to sell their production, in particular, of second wines not eligible for the appellation.

Extract from the decision of the Paris judicial court of February 20, 2025

On the other hand, the Court does not uphold the misleading commercial practice with regard to the CIVB website or the risk of confusion vis-à-vis the latter.

The Court orders the cancellation of the domain name and the prohibition of use as a sign of the name "lesvinsdebordeaux.com" or any other name likely to enable SAS LVBD to profit from the reputation of the "Bordeaux" appellation.

A decision in line with case law on the protection of PDOs on the Internet

This decision reiterates the non-possibility of appropriating the name of a PDO, including by a commercial operator of the appellation, given the protection of the PDO and the collective nature of this intellectual property right. As such, it is in line with case law obtained in recent years, notably in the context of a similar dispute concerning the PDO "Piment d'Espelette - Ezpeletako Biperra".

Photographie d'un verre de vin ©Anna Bratiychuk sur Unsplash

In addition, it clearly states that such appropriation constitutes exploitation of the PDO's reputation, including by a commercial operator of the appellation. This point is all the more important as it is often invoked by opposing parties.

With regard to usurpation vis-à-vis wines not benefiting from the "Bordeaux" PDO or not authorized to use this denomination, this decision is in line with case law and has the merit of reminding us that it is futile to justify legitimacy of provenance or explanations provided elsewhere on the website to rule out usurpation.