The lawsuit alleges that Rynders, revealed company trade secrets, stole proprietary information and violated company policy by making wine for himself and others. The winery is asking a federal judge to award it more than $75,000 in damages and prohibit Rynders from using the winery's proprietary winemaking process or disclosing it to anyone else. It also wants the judge to permit a computer expert to examine Rynders' computer and destroy any files or data from the company, at Rynders' expense.
Rynders denies all allegations and accuses Domaine Serene owners Ken and Grace Evenstad of acting out of spite. He has counter-filed for dismissal of all charges. The first hearing in the case happened yesterday September 30, 2009 and mediation is next for the two parties.
A reporter from the Oregon Wine Press wrote:
"The issues at stake extend well beyond Oregon. Insiders express grave concern about implications for the American wine industry should a ruling in this case create a precedent for the protection of so-called trade secrets involved in winemaking."
The trade secrets’ claim in this case centers around the production of Coeur Blanc, Domaine Serene’s name for a high-end white wine made from Pinot Noir grapes. It represents less than 1 percent of the winery’s 35,000-case annual production.
The Evenstads assert that Coeur Blanc is vinified in a unique manner. Rynders, and every other winemaker this writer has spoken to, maintains it is nothing more or less than carefully crafted Pinot Noir blanc.
The wine is made from the clarified, free-run juice of grapes that might otherwise be used to produce a top-tier red Pinot Noir. This white version has been a major component of most French Champagne for centuries.
As this writer was told time and time again, almost nothing is new and there are no mysterious secrets to winemaking. There are only variations on well-known viticultural and enological techniques.
Individual knowledge, experience and skill levels, however, do account for consistency of quality, and personal preference may result in slightly different styles or characteristics in a given variety or type of wine.
Additionally, every vintage has its own variables for which adjustments have to be made in the vineyard and the winery. As a consequence, applying an inflexible, exacting formula may work in manufacturing, but it’s no sure thing in winemaking.
Rynders said the procedure he followed was passed along to him by the winemaker at an Italian firm, Fattoria Mancini, and is described in detail on the Internet. In other words, it’s hardly hush hush.
The lawsuit has prompted reactions ranging from dismay to disbelief and indignation to outrage.
Noted winery owner Ken Wright, who made Domaine Serene’s wines on a contract basis before Rynders was hired as its full-time winemaker in 1998, expressed sadness over the situation. “I find the whole thing to be really regrettable,” he said. “In the early days, the Evenstads were much more easygoing. They had a great winemaker in Tony and a great vineyard manager in Joel Myers. “I was happy for them when their wines began winning recognition. I just don’t understand what happened as time went on. But, I can say that this is not at all reflective of our industry as a whole. We are open, cooperative and giving.”
Linda Lindsay of Stone Wolf Winery agreed, saying, “We are collaborative. We share ideas and nurture one another. If that weren’t the case, the Oregon industry wouldn’t have become what it is today.”
Lindsay said the Evenstads should give Rynders a huge thank you for his contribution to their success, not try to destroy him. “What they’re doing is reprehensible,” she said. “They have a big pocketbook and they’re using it vindictively.”
Others I’ve talked to in the industry share similar sentiments. Their consensus is that Domaine Serene owes its reputation for award-winning wines to the talents of Tony Rynders. He deserves praise for that, not disparagement.
Veteran winemakers say it is erroneous, even dangerous, to suggest that honing one’s professional skills and talents can be deemed an intellectual property with proprietary value.
The entire notion, they agree, is patently ridiculous and gives a wholly undeserved black eye to the Oregon industry. Some have suggested creating a fund to help Rynders cover the cost of his defense.
Obviously, the case will be closely watched. But whatever its outcome, there is far more to be lost than gained on both sides.
For Rynders, it’s a matter of reputation as well as a potentially ruinous financial burden. For Domaine Serene, it would seem no matter what may or may not be won in court, the winery has already incurred its greatest loss—Rynders’ services.
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This case really stirs up the emotion inside me. Although I am not a winemaker, I have watched Chris learn the skills of winemaking from many different figures in the Oregon Wine Industry. These people are helping him grow his knowledge database so one day he can reach his goal of making his own wines. Their advice is not something he could learn from a textbook. He needs this hands on experience and I truly hope this lawsuit doesn't change this dynamic. Chris is currently pulling information from the winemaker he interns with, his internship co-workers, professors, father, and other winemakers we have met along the way. Winemaking should be an open flow of ideas. It is not a recipe. Doing the same thing to grapes year after year will always produce a different result, so how could Tony be stealing? I don't doubt that he is using skills he used while the winemaker at Domaine Serene, but it would be like my old work suing me for knowing how to use the POS system at my current job because they were the ones who taught me point of sale. As the article says, the Oregon Wine Industry has got to the point of being a highly-regarding winegrowing area due to its collaboration. Back when the industry was starting the Yamhill Winegrowers Association got together monthly to discuss tricks of the trade to benefit the entire industry. Look how successful it was for them. Sure, each winery needs something to differentiate itself in the market, but that does not mean using bogus lawsuits, it means to play to your strengths.
What do you think?
Off the record: I have never been a fan of Domaine Serene. I feel like their wealthy, pretentious winery, is all show. And this is another case of them using their money to get what they want. I also have a problem with their Rockblock label. They source the grapes from Del Rio in Southern Oregon and sell their Syrah for $45 a bottle. I can name twenty wineries that get their grapes from Del Rio that are selling their wines from $30 or less and are much tastier.
