Champagne Jayne and the new censorship

Champagne JayneOct. 21, 2015 update: An Australian judge has ruled that Champagne Jayne Powell can keep her name, ruling that the French Champagne trade group “did not do enough to compel him to order Powell to cancel her business name or withdraw her trademark.” It’s not a complete victory, though. The judge also said that Powell had engaged in misleading or deceptive conduct in her “use, reference to, and promotion of sparkling wines while also using the Champagne name in relation to some of her social media posts,” and that part of the case will continue. She could still be forced to pay damages or make some other restitution.

Censorship used to be easy to understand. The secret police came to the door in the dark of night and you were never heard from again. Which is what makes the Champagne Jayne case so terrifying — the secret police have been replaced by lawyers working within the legal system of a Western constitutional democracy, and what they’re doing is as legal as it is morally reprehensible.

The French Champagne trade group, CIVC, is suing Jayne Powell, an Australian wine writer whose specialty is Champagne and sparkling wine and who calls herself Champagne Jayne. The trade group claims that Powell’s name, because she writes and teaches about other sparkling wine, violates the European Union ?s trade agreement with Australia that defines what can be called Champagne. CIVC wants an Australian court to make Powell stop using the name and anything associated with it, like email addresses, Facebook and Twitter accounts, and domain names. In this, they would force her out of business.

And, in a touch I love, Powell would have to “destroy all material marked with the name ?Champagne Jayne ?, including brochures, pamphlets, and other goods.” In other words, burning books.

This must seem bizarre to Americans, given our right to free speech under the First Amendment. But it shouldn’t. Even though Australia’s free speech protections aren’t as strong as those here, this case is not about free speech as we understand it. It’s about intellectual property, and how post-modern business is using that concept to carve out an exception to our traditional free speech protections. First Amendment law in the U.S. focuses on preventing the government from censoring speech, but says little about groups that aren’t the government from doing it.

Case in point: The Cristal-Cristalino lawsuit, in which the luxury French Champagne won a judgment against the cheap Spanish cava and forced Cristalino to change its name. The federal judge who decided in favor of Cristal said the case seemed silly on the surface, but that she had to go by the law, and the law said any confusion about the name, no matter how small, must be decided in Cristal’s favor. Shortly thereafter, I got a letter from Cristalino telling me I had to obey the judgment by never referring to Cristalino as Cristalino and by replacing any reference to the old name on the blog.

In other words, I am being censored by a French wine company, regardless of the First Amendment.

This is why I have written this post, contributed to Powell’s defense fund, and urge everyone to join me in boycotting Champagne. Powell can’t speak for herself — she is under a court-mandated gag order. And if the CIVC gets away with this, and it seems like it will, then it sets a precedent for any business that doesn’t approve of what someone writes, wine or otherwise. Don’t like what I say about your wine? Then sue, claiming I used your brand name incorrectly. Don’t like what the New York Times’ Mark Bittman says about your fast food? Then sue, claiming Bittman infringed on your intellectual property. (Which is my hint to the Times — this affects all of us who practice journalism, just like Times v. Sullivan.)

Also depressing: The lack of outrage from the Winestream Media, few of whom have come to Powell’s defense. In one respect, this isn’t surprising, given that its business model is based on sucking up to the wine business. But one would think that someone would remember Martin Niemoller.

6 thoughts on “Champagne Jayne and the new censorship

  • By Jim Budd - Reply

    Very disappointing that Jayne has not had more finacial support, especially from those who expressed outrage at the CIVC’s heavy handed and bullying tactics.

    • By Wine Curmudgeon - Reply

      I agree, Jim. This affects everyone single person who writes about wine, let alone consumers who need to know how the business can bully us into doing what they want. That more wine writers aren’t indignant is sad.

      • By Ryan Opaz - Reply

        While I at first had the same reaction to the issue when I first heard it, I since then learned that Champange Janye trademarked the name, which sparked the problem. Up until then there was no issue, but when you try to trademark a name that is not wholly yours and does overlap another trademark, well then, this happens.

        From what I have heard from people closely related, up until her trademarking there were no issues or plans to file suit. The trademark was the spark, from what I hear.

  • By Michael - Reply

    US Trademark and Copyright laws can be sticky and they do place limits on the use of information which means placing limits on our free speech. This includes the use of very similar sounding names in the same industry. If a company trademarks their name or key phrase. You can’t use it in the same industry except under specific circumstances. So I would not enshrine the USA just yet.

    That said, I do agree the people resposible for maintaining the Champaigne “brand” are a little heavy handed.

  • Pingback: Champagne Jayne: Her Ordeal is Not Over | Edible Arts

    • By Wine Curmudgeon - Reply

      This still raises the issue of why the French are suing, when the appropriate Australian government agency could have rejected her trademark application based on the EU treaty.

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