By Vampire Family Brands, LLC, a Ventura County winemaker, recognized for wine brands like Dracula, Vampire, and Fangria, is taking legal action against an Australian vintner for what it believes to be an infringement of its trademark, among other things.
According to a complaint filed on August 29, 2023 in U.S. District Court for the Central District of California, Vampire Family Brands accuses Treasury Wine Estates (“TWE”) of infringing upon marks owned by Vampire Family Brands, LLC. The 19 Crimes line recently introduced a limited edition Halloween label, a collaboration with Universal Monsters, displaying Dracula and Frankenstein on the label.
Vampire Family Brands argues that all profits from 19 Crimes’ Dracula belong to Vampire Family Brands, as it owns the Dracula trademark and have been selling Vampire wine, Dracula wine, and related products for years. According to the compliant, Vampire Family Brands’ origin dates back to a 1998 release of a French-bottled Algerian Syrah wine using the name Vampire. Since about 2007, it has also continuously sold wines under the name Dracula in the United States.
The complaint claims that consumers might be confused to the source of these wines as both the plaintiff and defendant sell alcohol beverage products online to the same consumers, distributors, and retailers. Plaintiff also alleges wrongful exploitation of Vampire Family Brand’s registered marks and contends that TWE’s use of Dracula diminishes the quality of Vampire Family Brand’s products and services as the plaintiff’s brand has won numerous awards and built a significant and loyal following.
Vampire Family Brands seeks to prevent further infringement by TWE and demands minimum damages of $15 to $36 per bottle sold.
For more details, see Vampire Family Brands, LLC v. Treasury Wine Estates Limited (2:23-cv-07119-AB-AGR).
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice.
This post is for general information purposes only and is not legal advice. Reading it does not create an attorney-client relationship.
