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‘Penfolds Heir’ Stirs Controversy by Backing Penfolds Lookalike

vino-joy.com by Morris Cai15/08/2024  

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William Penfold Simpson, a descendent of Penfolds founder in China stirred controversy by backing a Penfolds lookalike.

As the Penfolds brand gained iconic status in China, a surge of counterfeit “Penfolds” wines has flood the market. But the latest twist was unexpected: a wine company not only established a “Penfold Family Wine Club” in China but also enlisted a man claiming to be the “seventh-generation heir of the Penfolds family” to endorse their activities.

The saga began in May 2021, according toa reportbyFuzhou Evening Newsin Fujian Province. At a local wine expo, Southcorp Brands Pty Limited, a subsidiary of Treasury Wine Estates and the legal holder of the “PENFOLDS” trademark in China, discovered a booth that raised alarms.

The booth, operating under the banner of the “Penfold Family Wine Club,” showcased wines labeled “Pende Valde,” “Cook 1788,” and “The Mary.” The operation was organized by two Shanghai-based companies: Xia Tao International Trade (Shanghai) Co., Ltd. and Shanghai Chixia International Trade Co., Ltd.

As the investigation deepened, Southcorp Brands uncovered a troubling pattern. These companies had been brazenly using the Penfolds name and logos—such as “PENFOLD MARY” and “Penfolds Family”—in both online and offline promotions. They even went as far as to register and operate a website featuring the “PENFOLDS” trademark in its domain name.

This prompted Southcorp Brands to take legal action, filing a lawsuit for trademark infringement and unfair competition in Fuzhou’s Gulou District Court.

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At the center of the cosntroversy wasWilliam Penfold Simpson, who claimed to be the seventh-generation heir of the Penfolds family. According to local media reports, Simpson had on several occassions lent this name and affilation with Penfolds founder to the two companies. He not only officiated Penfold Family Wine Club’s opening ceremony in November 2020 but also awarded distribution rights for “Cook 1788” and “The Mary” wines to a Chinese company at the event.

Promotional materials described how Simpson and Cook 1788 collaborated to launch the The Mary, a tribute to Mary Penfold, the wife of Dr. Christopher Rawson Penfold, founder of Penfolds.

William Penfold Simpson himself is involved with a winery called the Pende Valde, which has no commercial ties to Penfolds. The brand has an English-language website that claims a familial connection with Penfolds founder. However, the Pende Valde brand’s trademark in China is registered under Shanghai Chixia International Trade Co., Ltd., one of the companies sued by Treasury Wine Estates.

According to a source from Treasury Wine Estates, William Penfold Simpson is indeed a legitimate descendant of the Penfolds family. However, Treasury Wine Estates clarified that their legal action was not against Simpson personally or the specific products, but rather a necessary step to defend the Penfolds brand.

Earlier this year, the local court delivered its verdict. It ruled that the actions of these two companies amounted to unfair competition and infringed on Penfolds’ trademark. They were ordered to cease their activities and pay RMB 270,000 in damages.

In a statement to Vino Joy News, Treasury Wine Estates, Penfolds’ parent company, praised the ruling: “For more than 180 years, Penfolds has been recognized for our commitment to craftsmanship and exceptional quality. We work hard to protect the integrity of our historic brand against trademark piracy and misappropriation. We welcome the judgment and will continue to spare no effort in protecting our brands and consumers based on our zero-tolerance approach to IP infringements, including counterfeit and copycat brands.”

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