THE KONA COFFEE ARCHETYPE: A CASE STUDY IN DOMESTIC GEOGRAPHIC INDICATION

Article Written By: Jason Foscolo

Geographic indicators specifying the place of origin of a good or product are often placed on goods or products that have both specific geographical origins and qualities or characteristics essentially attributable to that place of origin. Geographic indicators are powerful because of their ability to distinguish one seemingly identical product from another. Kona coffee growers in Hawaii use geographic indication to carve out their own special fiefdom in the global coffee market through shrewd and comprehensive use of state regulation and federal trademark law. The Kona system is poised to capitalize on such inquiries and preferences that drive an increasingly important part of consumer demand. In many ways, Kona coffee is an exemplary geographic indicator in the United States. In today's marketplace, consumers are asking more questions about where their food comes from and how it is made. Consumers are indulging in luxury foods at an unprecedented rate.

The Kona system is poised to capitalize on such inquiries and preferences that drive an increasingly important part of consumer demand. In many ways, Kona coffee is an exemplary geographic indicator in the United States. In today's marketplace, consumers are asking more questions about where their food comes from and how it is made. Consumers are indulging in luxury foods at an unprecedented rate. A comprehensive legal analysis of the Kona coffee system is vital to understanding how producers of other domestic products can strengthen their brands through geographic indication. Kona coffee cultivation can be a template for how regulation and trademark protection can be used by producers to differentiate their products from similar commodities. It also demonstrates that regulation of quality characteristics can support premium pricing.

The Kona geographic indicator is far from perfect, however. Kona demonstrates that ambitious attempts by government to regulate, market, and promote a product may have constitutional limits. Kona's issues are indicative of some of the legal limitations on the proliferation of geographic indicators in the United States. These limitations are likely applicable to geographic indicators devised for the next hot agricultural product. In a market where factors like provenance and premium qualification are becoming increasingly important, a thorough examination of these aspects of the Kona geographic indicator may prove relevant and applicable to other agricultural products.

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