A Fountainhead of Wine.

Adam Buker's picture
Submitted by Adam Buker on Fri, 2006-11-03 08:24

This has got to be too good to be true. Cabernet Sauvingnon inspired by the Fountainhead. Check it out at www.fountainheadcellars.com. I don't know about anyone else, but I'm saving up and ordering a bottle. If you've tried it already, let me know how it tastes. What follows below is from the website describing the composition of the wine.

2003 CABERNET SAUVIGNON

APPELLATION: Rutherford, Napa Valley
VINEYARD: Morisoli Borges Vineyard
COMPOSITION: 100% Cabernet Sauvignon
FERMENTATION:
17 days in open top fermenters with 4 punch downs daily
AGING: 29 months in 50% new French
ACID: .74 g/L pH: 3.71%
ALCOHOL: 14.5%
HARVESTED: October 11 & 23, 2003
PRODUCTION: 215 cases
RELEASE DATE: June 1, 2006
SUGGESTED RETAIL: $45.00

WINEMAKER NOTES:
Densely structured, with fine, integrated tannins, this beautifully dark wine opens up slowly in the glass to reveal an intriguing nose of haunting, woodsy-mushroom aromas and high-toned cherry and raspberry liqueur. Showing strong hints of Rutherford dust on the nose and palate, the wine tastes of rich black cherry, plum, and blackberry, brightened by firm acidity.

HARVEST NOTES:

The Fountainhead Cabernet Sauvignon was produced from two separate blocks of the historic Morisoli Borges Vineyard on the west side of Highway 29, just south of Rutherford. One block runs parallel to the highway, and the other is situated in gravelly, well-drained soil at a higher elevation. With vine ages varying from five to 15 years, and different soils, trellising systems, rootings, and Cabernet Sauvignon clones, each site contributes its own characteristics to make an elegant and complex wine.


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Copyright vs. Trademark

Prima Donna's picture

Robert, this isn't an issue of copyright, but one of trademark, and the Ayn Rand estate would have no grounds to do anything about it unless they registered the Fountainhead name for food and wine products. If someone created a line of Gilded Fork cars I could do nothing about that, either -- unless I registered it beforehand.

Your using a phrase from the novel is a copyright issue, however, as what you were selling was a product containing a phrase from Atlas Shrugged -- a specific phrase she created.

Jennifer

-- Food Philosophy. Sensuality. Sass.

Actually,

Adam Buker's picture

titles in and of themselve cannot be copyrighted nor made the subject of copyright infringement suits. I could write an orchestral piece and call it Atlas Shrugged and legally, there wouldn't be anything that the estate of Ayn Rand could do about it. As far as trademark laws go, I believe that it counts as infringement only if someone has registered for a similar product or service. Since the estate of Ayn Rand does not sell wine, I don't see where this would be a problem. In fact, both Objectivism and wine lovers will presumably benefit from this.

Adam Buker

Music Composition
www.adambuker.com

"Why would the estate need to sign off on it?"

Robert Nasir's picture

"Why would the estate need to sign off on it?"   'Cause that's how copyrights work.  Same reason why I couldn't open a bookstore called "Atlas Shrugged" (from which I'd sell ... what else?... books of world maps!) or sell t-shirts that read, "Who Is John Galt?"

Incidentally, this last example comes from real life - while I didn't intent to sell them commerically, I'd created a "Who Is John Galt?" line of items on CafePress, for my own personal use - and CafePress forwarded me a cease-and-desist request from The Ayn Rand Institute. 

(I had no problem with this and completely respected their decision.  I must admit, I had a little tougher time with their request that I remove items which read, "Ayn Rand Was Right.")  

One could try to claim that "Fountainhead" isn't just the name of a book, it's a common English word ... except that it's not that common, and the link to the book is made explicit on the company's website.  That'd be a tough case to defend.

"Traci’s artistic sense

Marnee's picture

"Traci’s artistic sense isn’t limited to wine, however. She has her own line of jewelry called tracilane, and the Fountainhead aesthetic is very much in keeping with a jeweler’s elegant, visual expression. In addition to its name (The Fountainhead is Traci’s favorite novel), her overall contribution to the project is equal parts graphic design and enological enthusiasm. "

From the About Us

?

Prima Donna's picture

Why would the estate need to sign off on it? Unless the Ayn Rand estate holds a trademark for a vineyard or wine products I don't believe it would be any type of infringement.

Jennifer

-- Food Philosophy. Sensuality. Sass.

I hope ...

Robert Nasir's picture

I hope the Estate of Ayn Rand has signed off on this - it'd be a shame if they didn't get the OK and are consequently shut down.

But assuming they've minded their legal P's & Q's, I'll look forward to their success!

Thank. You.

Prima Donna's picture

Adam, thank you for this gem. I'm contacting them ASAFP, as I must know more. Great find!!!!!!!

Jennifer

-- Food Philosophy. Sensuality. Sass.

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