Buying or expanding a winery is no longer just about land and location. The look and feel of a property, including its layout, architecture and even the way vines are arranged, can carry serious weight. In some cases, these design elements are tied to branding. And that is when real estate deals can get tricky.
You may not think of a building’s exterior or a signature entry gate as anything more than visual appeal. However, in the wine industry, these features can carry value just like a trademark or label. If someone else tries to replicate them or if you are unknowingly buying into something too similar, it could lead to conflict.
More than just a building
Wine branding often blends with real property. A hillside vineyard with a signature layout or a tasting room with a distinct façade may be considered part of the “look” that customers recognize. When that look is duplicated, intentionally or not, legal questions can follow.
Things usually get complicated when:
- Trade dress claims: If a property’s appearance is strongly tied to a wine brand, it might be protected under intellectual property laws.
- Contract limitations: Design elements may be tied to lease or purchase agreements that limit future changes or reuse.
- Overlapping interests: Shared properties, such as collectives or co-owned tasting spaces, may spark disputes over who has the right to use which visual elements.
If you are entering an existing wine space or rebranding a property you have purchased, it helps to slow down and examine what you are inheriting.
You are not expected to know every detail that could create risk, but being aware of how design intersects with commercial use is a good starting point. If things seem complex or you are exploring a unique area, it may be worth consulting a legal professional with experience in wine-related property transactions.