Knock It Off

As a trademark attorney[1], one of my primary job functions is to tell my clients whether their trademark is confusingly similar to other marks in the marketplace for their particular goods and services. For example, if they’re trying to break out with a new brand of dark, sugary cola and they want to name it Poke, or Sepsi, then I’m gonna tell them they need to start the creative process again[2]. If they’re looking to call it Wowza, however, then they may be good to go[3].

When I came across[4] Replica Wines, I found it ironic that the wine brand’s foundation is based on duplication. At first it seemed antithetical to my trademark lawyer background, but once I read more, I found I liked it. There is, after all, no prohibition against reverse engineering, and that it precisely what Replica does. They take an exceptional wine and recreate the flavor profile. And when a high quality product is sold for a good price, everybody wins.

Replica Wine
(c) Replica Wine

I decided to do some blind taste testing to determine if I could figure out which wine was the “knockoff” and which was the “real thing”[5]. I took a bottle of $35+ Chardonnay[6] and my bottle of Knockoff, which retails for less than $12 throughout the country, and put them to the test. Robing each bottle in my fancy shmancy wine tasting party bags, Husband and I took sips of each to see what we thought.

Blind Wine Tasting
Oh, you fancy, huh?!

To be honest, I really couldn’t tell which was the knockoff because they were both excellent wines. I figured I’d be able to taste something “cheap” with the Replica bottle, but to the contrary, I actually preferred the taste of it to the Big Money Chard.

Bottle One was the color of pale straw; it didn’t have much of a nose, but it had a great silky full mouthfeel[7]. Really a luxurious coating of the mouth. Some green apple on the slightly tart finish and a hint of pineapple as well. Nothing oaky about this Chardonnay; with it’s touch of acidity, I could see it pairing extremely well with some scallops or oysters.

Bottle Two was more of a bright golden hue. It had quite a big nose, more pineapple with a touch more sweetness, almost like a jolly rancher. Sweeter than the first, this had a much longer finish and it was extremely well balanced; full of flavor from start to finish. Unlike your typical Chard, I didn’t get any oak on this one either. This one would be excellent with a light cheese pasta or some simple crudité. A really lovely wine.

Like I said, both wines were excellent, I simply got more enjoyment out of Bottle Two, which turned out to be Replica’s Knockoff. I’d never have known it was a $12 bottle! Definitely a keeper.

Wine and Sunset
Wine and Sunset #ForTheWin

Blind tasting is fun, and it’s even better when all the wines you try are delicious! Give it a try at your next cocktail party and let me know how it goes!

Until the next glass, cheers!

Lawyer Footnotes
[1] Yes, I do still moonlight as a lawyer. #lawyerlife
[2] Because, hello, those are confusingly similar to Coke® and Pepsi®.
[3] Note: A trademark search for WOWZA in association for cola beverages has not been conducted. This blog post does not constitute legal advice.

Processed with Snapseed.
Processed with Snapseed.

[4] Full Disclosure: I received two bottles of wine from Replica Wine. The opinions contained herein are my own. This blog is not a paid or sponsored post.
[5] I’m using quotations because I appreciate the fact that a great deal of effort went in to the creation of both bottles; it’s not like it was fake wine!
[6] We’ll call this one “Big Money Chard.”
[7] It probably could have benefited from some time to open up, but ain’t nobody got time for dat!