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40 Knots Vineyard in a trademark battle with Loblaw Companies Ltd.

40 Knots Vineyard and Estate Winery is in a dispute with Loblaw Companies Ltd. about use of the brand name ‘Ziggy.’
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Ziggy can always be seen at 40 Knots, either racing through the vineyard or greeting guests in the parking lot. (Photo submitted)

40 Knots Vineyard and Estate Winery is in a dispute with Loblaw Companies Ltd. about use of the brand name ‘Ziggy.’

Both sides are claiming copyright ownership.

40 Knots owner Brenda Hetman-Craig says the Comox winery has applied for and received trademark approval for its wine, which Loblaw challenged because it sells Ziggy deli food. She assumes Loblaw wants to start opening liquor stores.

“Like all trademark owners, we are protecting our trademarked brand,” says a statement from the Loblaw pubic relations department. “The Ziggy brand has been registered to Loblaw for more than three decades and used on a wide range of products in our stores since 1971.”

“Except wine,” Hetman-Craig said. “We’re feeling a bit bullied because they don’t have the trademark. They never trademarked wines, they’ve never manufactured wines, and they’re claiming because they have deli food they should be allowed to carry the name, whereas that’s not how trademarks work. You have to show that you’ve manufactured it, or sold it. We’ve sold wine back a few years under the Ziggy name.”

The winery grows a German hybrid grape called siegerrebe — known as ‘the victory grape’ — from which Ziggy wine is made. At present, 40 Knots is sold out of the brand.

“We’re in a spot,” Hetman-Craig said. “In our lawyer’s opinion, their evidence is weak and ours is very strong…We refuse to give up the fight.”

The Canadian Intellectual Property Office is handling the dispute.