ANSWER QUES 1-3

New Zealand-Comite Interprofessionel du Vin de Champagne v. Wineworths Group, Ltd. 2 N.Z.L.R 432 (1991) High Court of Wellington BACKGROUND AND FACTS An Australian company sought to sell sparkling wine in New Zealand. The wine was made in Australia from grapes grown in Australia, but was packaged in bottles that included the word "champagne" on the label. The Comite Interprofessionel du Vin de Champagne (CIVC), a group of champagne producers from the French depart- ment of Champagne, sought an injunction to prevent the Australians from "passing off" Australian sparkling wine as wine actually produced in the region of Champagne. ... . The essence of the methode cham penoise is that the process of second fermentation precise zones takes place in the bottle in which it is sold. This proceeding is about New Zealand law and the understanding of its people so it is appropriate to say something of the wine industry and wine drinking by New Zealanders. Viticulture commenced with the first settlers 150 years ago and never abated, but New Zealanders did not early develop a widespread interest in and use of wines either locally made or imported. This was in contrast to Australia where indigenous wine manufacture and drinking became a more integral part of the lifestyle of These proceedings are brought by the plaintiffs to h country. . New Zealanders' attitude toward wine protect their claimed property right in the word underwent a marked change commencing from about Champagne." As an editorial policy in this judgment thirty years ago The population became markedly I am using the word champagne with a capital when it more knowledgeable on wines and the demand for refers to the district and the wine from the district. The information was met principally by newspaper columns JUDGE JEFFRIES and books on wine. plaintiffs seek in effect to prevent the defendant from importing into New Zealand sparkling wine from Australia labeled champagne Champagne has been exported to New Zealand from about the middle of the last century in small quantities Champagne. is relatively new, having its origin in until 1979, and increasingly in the 1980s. It is certain there time at the end of the seventeenth century but its final were quite small volume exports of Australian champagne development was a nineteenth century phenomenon. from 1977 onwards.... New Zealand has, apart from the Dom Perignon of the Benedictine Abbey of Hautvillers foregoing, no history of material consumption, or manu- near Epernay in the Champagne district is credited with facture, of sparkling wine prior to 1980... . In about 1981 its beginning The two features of Champagne of Montana Wines, Ltd., which is New Zealand's largest prime importance for its uniqueness are the soil and maker, launched a sparkling wine produced by methode climate in which the grapes are grown, and the method champenoise and labeled it "Lindauer New Zealand For the Champagne." Proceedings were issued in 1982 against production of grapes for Champagne there are strict Montana and after four years were settled by a consent geographical limitations imposed by law By order of the Court issuing an injunction generally French] law the wine allowed to carry the appellation restraining the use of the word champagne on that of manufacture by skilled personnel produced exclusively within defendant's products. continues New Zealand-Comite Interprofessionel du Vin de Champagne v. Wineworths Group, Ltd. 2 N.Z.L.R 432 (1991) High Court of Wellington BACKGROUND AND FACTS An Australian company sought to sell sparkling wine in New Zealand. The wine was made in Australia from grapes grown in Australia, but was packaged in bottles that included the word "champagne" on the label. The Comite Interprofessionel du Vin de Champagne (CIVC), a group of champagne producers from the French depart- ment of Champagne, sought an injunction to prevent the Australians from "passing off" Australian sparkling wine as wine actually produced in the region of Champagne. ... . The essence of the methode cham penoise is that the process of second fermentation precise zones takes place in the bottle in which it is sold. This proceeding is about New Zealand law and the understanding of its people so it is appropriate to say something of the wine industry and wine drinking by New Zealanders. Viticulture commenced with the first settlers 150 years ago and never abated, but New Zealanders did not early develop a widespread interest in and use of wines either locally made or imported. This was in contrast to Australia where indigenous wine manufacture and drinking became a more integral part of the lifestyle of These proceedings are brought by the plaintiffs to h country. . New Zealanders' attitude toward wine protect their claimed property right in the word underwent a marked change commencing from about Champagne." As an editorial policy in this judgment thirty years ago The population became markedly I am using the word champagne with a capital when it more knowledgeable on wines and the demand for refers to the district and the wine from the district. The information was met principally by newspaper columns JUDGE JEFFRIES and books on wine. plaintiffs seek in effect to prevent the defendant from importing into New Zealand sparkling wine from Australia labeled champagne Champagne has been exported to New Zealand from about the middle of the last century in small quantities Champagne. is relatively new, having its origin in until 1979, and increasingly in the 1980s. It is certain there time at the end of the seventeenth century but its final were quite small volume exports of Australian champagne development was a nineteenth century phenomenon. from 1977 onwards.... New Zealand has, apart from the Dom Perignon of the Benedictine Abbey of Hautvillers foregoing, no history of material consumption, or manu- near Epernay in the Champagne district is credited with facture, of sparkling wine prior to 1980... . In about 1981 its beginning The two features of Champagne of Montana Wines, Ltd., which is New Zealand's largest prime importance for its uniqueness are the soil and maker, launched a sparkling wine produced by methode climate in which the grapes are grown, and the method champenoise and labeled it "Lindauer New Zealand For the Champagne." Proceedings were issued in 1982 against production of grapes for Champagne there are strict Montana and after four years were settled by a consent geographical limitations imposed by law By order of the Court issuing an injunction generally French] law the wine allowed to carry the appellation restraining the use of the word champagne on that of manufacture by skilled personnel produced exclusively within defendant's products. continues