UNCONVENTIONAL TRADEMARKS IN THE WINE INDUSTRY 137 the market (for instance, the plethora of wine-producers, wine-making regions and varieties), which, in turn, makes brand differentiation even more critical. As explained by Andy Starr in the case of Dave Phinney – the founder of Orin Swift Cellars (Napa Valley) –, with the launch of a new proprietary label, Phinney’s team asks: “Does it meet quality and pricing? What type of package goes with it? And does the package, while unique, fit with the rest of the Orin Swift line?” For example, for their Mercury Head Cabernet, an actual pure silver mercury head dime is fixed to each bottle, making the wine stand out and fit the 120 $ price16. Accordingly, brand differentiation can occur in many forms, one of which can be a product’s package, serving as an effective communication tool between the brand and consumers. Studies have shown the importance of wine packaging not only concerning the penetration of wine brands in the market but also – and perhaps even more so – as a driver in the consumer decision-making process17. Let us take the example of Crusoe Treasure Winery18, which advertises its business as the “first underwater winery and artificial reef in the world with over 8 years of research in underwater wines”. The very message on the winery’s website is a clear indication that the company wishes to stand out and deviate from the sector’s norms: “Underwater wine is a different story”. In this case, differentiation lies not only in the underwater ageing process of the wine but also in the design of the bottle, as depicted in Image 1. Its design is a perfect example of storytelling, explaining to the consumers this particular wine’s story: how it was produced and how it aged underwater. As described by Graham Keeley in a recent article on the Spanish winery: “Crusoe Treasure’s wines do not mature in a chilled cellar; instead, they are submerged 65 feet beneath the sea; the bottles spend up to 18 months under the waves with starfish and crabs as company”19. As of 1 January 2020, there are over 100 three-dimensional trademarks registered in Class 3320. There is no doubt that the wine industry recognises the 16 Source: https://winesvinesanalytics.com/features/article/175283/Brand-Differentiation-Is-the-Key-toSuccess, last accessed on 09 November 2020. 17 Source: https://www.bio-conferences.org/articles/bioconf/full_html/2019/04/bioconfoiv2019_03014/bioconf-oiv2019_03014.html#R1, last accessed on 16 November 2020. 18 Source: https://underwaterwine.com/en/, last accessed 16 November 2020. 19 Source: https://www.foxnews.com/lifestyle/spain-winery-underwater-caskets, last accessed on 16 November 2020. 20 Nice Classification Class 33: Alcoholic beverages, except beers; Alcoholic preparations for making beverages. Image 1. Crusoe Treasure’s bottle
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