Penfolds is taking on counterfeiters it says are copying its wines and flogging them in China

FAKE Penfolds wine is being bottled in South Australia and exported to China, Treasury Wine Estates alleges, and has filed a law suit to stop the practice.

FAKE Penfolds wine is being bottled in South Australia and exported to China, Treasury Wine Estates alleges, and has filed a law suit to stop the practice.

The Penfolds owner says it has lodged legal proceedings against a company called Rush Rich which it believes is buying bulk wine and then exporting it “under labels that copy the look and feel of Penfolds wines’’.

And in a twist — the company it has filed suit against, Australia Rush Rich Winery Pty Ltd — is based at Stonyfell — just one suburb over from the home of Penfolds, Magill Estate.

Penfolds has waged a running battle with counterfeiters in China, with its flagship wines such as Grange and Bin 707 attracting premium prices overseas — more than $800 for Grange — and therefore presenting a lucrative market for knock off operators.

Penfolds Brand Ambassador Zoe Warrington with Penfolds Grange and Bin 389. Pic: Tricia Watkinson

The problem has been shared by makers of high end spirits, and there is a common practice of smashing bottles following tasting events in China to ensure they are not re-used.

Treasury said it had filed legal proceedings “for trade mark infringements that exploit

Treasury’s iconic Penfolds brand, including the unauthorised use of Treasury’s BEN FU trade mark (the Chinese transliteration for Penfolds)’’.

“The case has been initiated by Treasury to stop the infringement of its rights by Rush Rich both in Australia and in China that, without such action, could significantly damage the reputation of Treasury’s iconic brands.

“Of particular concern is the issue of copycat wine which is believed to be sourced and bottled through bulk wine suppliers and third party bottlers in South Australia, and then exported under labels that copy the look and feel of Penfolds wines, infringing Treasury’s rights to the Penfolds and BEN FU trademarks.’’

Treasury chief executive Michael Clarke said the company was aware of “a number of copycat operators’’ riding on the back of Penfolds’ great success in the China market.

“With this success comes the predatory behaviour of sophisticated copycat operators, which is bad for consumers, bad for Australian brand owners and bad for the Australian wine industry.

“What’s worse is that some of this copycat product is being made and labelled in Australia — we must work to put a stop to this.

“The case against Rush Rich is one example of Treasury’s strategy to take legal action both in

Australia and internationally to protect its brands against infringing products. It follows the

landmark legal win in the Beijing High People’s Court in China in January 2017 that supported Treasury’s lawful right to use and market the BEN FU trademark in China.’’

The Advertiser is attempting to contact Australia Rush Rich Winery Pty Ltd.

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