French case against Champagne Jayne fizzes

The froth and bubble from French winemakers over an Australian wine educator's use of the name "Champagne Jayne" has largely fizzed in a Melbourne court.

The French-based Comite Interprofessionnel du Vin de Champagne (CIVC), the world's leading protector of winemakers from the Champagne region in France, initiated Federal Court action against Rachel Jayne Powell, known as Champagne Jayne.

The author and wine educator, who runs wine tours and events involving champagne and non-French sparkling wine, established Champagne Jayne as her company's name and promotes herself using that moniker on social media.

The CIVC argued that Ms Powell engaged in misleading or deceptive conduct by representing that she is affiliated with the champagne sector, and that her use of the champagne name contravenes the Australian Grape and Wine Authority Act.

In his judgment, handed down on Tuesday, Justice Jonathan Beach rejected both arguments.

But he accepted that Ms 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 Champagne Jayne social media posts.

The CIVC originally sought damages and tried to stop Ms Powell from using Champagne Jayne as her company name, in her website URL, Facebook and Twitter accounts, and to drop her bid to trademark the name for herself.

It dropped all of these demands following mediation.

Justice Beach will allow the two parties to present arguments over the appropriate remedy for Champagne Jayne's social media use.

The use of the name champagne to describe non-French sparkling wine ended in 2011 as a range of European geographic names were phased out under a bilateral agreement with the European Union.

The CIVC has fiercely protected the champagne name and its use in relation to sparkling wines not produced in Champagne and that do not conform to the unique process used to manufacture the famed sparking wine.