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[ASTH]

Is 'champagne' a trademark?

I know about the dispute over marketing sparkling wine only as 'champagne' when it comes from the champagne region, and the differences between the USA and France on this matter, and I've read about domain names with 'champagne' in them being legally challenged by the champagne producers.

However I was thinking specifically in terms of media: i.e. would using 'Champagne' in the title of a book or music album etc. be a violation of a trademark or something similar? Looking at the book lists on Amazon it seems that there is a *lot* (dozens of examples) of precedent in terms of books, films and albums being called 'champagne', but I wanted to check with anyone who might know before proceeding. Also any international aspect to this is important, as I'm British and the proposed work would be for sale in both the US and the EU.

Thanks to anyone who has any information on this!

[Zonath]

In the European Union, "Champagne" is a Protected Designation of Origin, and so cannot be used within the EU on wines (especially sparkling wines) which do not originate from the Champagne wine-producing region of France.  Several other countries have also granted some protection to "Champagne" in connection with wines. I believe this is mainly what the "champagne" domain name fights have been over.

As far as I know, this protection does not extend to books, music albums, or other products which would not infringe upon the Protected Designation of Origin.

Of course, this only answers a part of the question, since the name "Champagne" in connection with products other than wine has been registered (such as Champagne Apples).  So, it would probably be wise to research your individual use of the mark in each of the jurisdictions in which you plan to use it in order to look out for possible infringements.
   

[Kaitlin]

As far as I know, this protection does not extend to books, music albums, or other products which would not infringe upon the Protected Designation of Origin.

I don't believe the OP was proposing the marketing books as "Champagne" brand books, but rather just using the term Champagne in the title of the book.  Such a use would not be a trademark use.

[ASTH]

Thank you for your replies.