A New York State Supreme Court dismissed a lawsuit launched by Empire Wine against the New York State Liquor Authority (“NYSLA”). In an 11-page ruling, Justice George Ceresia rejected Empire’s complaint that the statute upon which the NYSLA is relying is excessively vague, and denied Empire’s request for a preliminary injunction preventing…
Category: Wine Lawsuits
TTAB Finds “Naughty Girl” Not Merely Descriptive of Wine
In a recent opinion, the TTAB found a registered mark for “Naughty Girl” in Class 33 (wines and fortified wines) not merely descriptive of wine. Alvi’s Drift Wine International, the petitioner, sought to cancel the registration by von Stiehl Winery for the standard character mark “Naughty Girl.” Alvi’s Drift Wine…
The Rudy Kurniawan Sentencing and the Wine Label Certification Statement
On Thursday, August 7, 2014, Indonesian wine collector Rudy Kurniawan was sentenced to ten years in prison by U.S. District Judge Richard Berman. Mr. Kurniawan is purported to have swindled more than $20 million worth of fake wine that he allegedly created in his California home and later sold to collectors….
The Trademark Battle of Jamieson Ranch Vineyards and Pernod’s Irish Distillers
In March, Jamieson Ranch Vineyards launched a declaratory judgment suit against Pernod Richard’s Irish Distillers Limited, owner of the renowned Jameson Irish Whiskey, in response to the Ranch’s receipt of a cease and desist letter. See Jamieson Vineyards Takes On Pernod Ricard’s Irish Distillers. According to Jameson Clashes with Jamieson Over Name, the letter issued by Irish Distillers…
District Court Denies Duck Walk’s Motion to Dismiss Against Duckhorn
Last year, California-based Duckhorn Wine Co. filed a complaint against Long Island-based Duck Walk Vineyards alleging consumer confusion and breach of settlement agreement that resolved a prior trademark infringement action between the two parties. See Duckhorn Wine Co. Files a Complaint Against Duck Walk Vineyards Alleging Consumer Confusion on Wine Labels; see also Duckhorn…
Chateau Mouton Rothschild Tells Burgundy Wine Producer to Change its Name
Bordeaux estate Château Mouton Rothschild recently sent a Burgundy wine producer, Vintner Laurent Mouton, a cease and desist letter, asking the producer to stop use of the name “Domaine Mouton” on its wine labels. The Château claimed that use of such a name on wine labels was “unauthorised reproduction [and] amounts to…
San Antonio Winery Obtains Injunction Against Constellation Brands in Trademark Litigation Suit
The San Antonio Winery recently obtained a preliminary injunction against Constellation Brands. On March 11, 2014, Judge John Kronstadt of the U.S. District Court for the Central District of California ruled that Constellation’s Rosatello brand was too similar to the Stella Rosa wine of San Antonio Winery. See San Antonio Winery Earns Victory…
Jamieson Vineyards Takes On Pernod Ricard’s Irish Distillers
On February 27, 2014, the Napa Valley-based vineyard Madison Vineyard Holdings, LLC, the owner of Jamieson Ranch, filed a complaint against Pernod Ricard’s Irish Distillers Limited, owner of the renowned Jameson Irish Whiskey, in the United States District Court Northern District of California. See Madison Vineyard Holdings, LLC vs. Irish Distillers Limited. The…
Court Awards Sanctions Against Diageo in Jackson Family Wines Lawsuit
In late 2011, Jackson Family Wines filed a compliant against Diageo North America after Jackson issued a cease and desist letter that Diageo stop use of one of Diageo’s marks in August 2011. See, e.g., Jackson Family Wines Sues Diageo Over La Crema Trademark. The complaint argued that the Crème de Lys brand,…
Champagne House Veuve Clicquot Sues Italian Sparkling Wine Producer Over Label
Update January 23, 2014: The Drinks Business reported today that Veuve Clicquot denied filing suit against Ciro Picariello and instead contends that the Champagne company contacted the Italian sparkling wine producer to note the “similarity” of the labels and see if there is any way Ciro Picariello’s label could “evolve”…