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On Reserve

A Wine Law Blog

Tag: likelihood of confusion

Which Came First: The Trademark or the Viticultural Area?

Lindsey A. Zahn, January 28, 2016January 28, 2016

Last week, San Antonio Express News reported that a California-based winery named San Antonio Winery brought a trademark suit against a San Antonio-based winery called Lara Vineyard. In its complaint, San Antonio Winery alleged that Lara Vineyard’s use of the term “San Antonio” as a fanciful name on its labels infringed upon…

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Battle of the Brands: French Winery Château Lafitte Claims Triumph

Lindsey A. Zahn, September 16, 2015November 4, 2015

As reported by Decanter, Château Lafitte claimed victory against an ongoing trademark case and can reportedly sell Bordeaux wine in China under the name Château Lafitte. See Chateau Lafitte Claims Trademark Wine in China. The dispute in China has been ongoing for about two years and has been between Château Lafitte and Château…

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Court Denies Union Wine Company’s Motion to Dismiss Lawsuit Brought by FN Cellars

Lindsey A. Zahn, September 3, 2015September 2, 2015

Last week, California District Court Judge Donato denied Union Wine Company’s motion to dismiss a suit launched against the wine company by FN Cellars, LLC. FN Cellars originally brought suit against Union Wine seeking (1) declaratory judgment of validity for FN Cellars’ trademark; (2) a declaration that its mark does not…

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Budweiser Wins Trademark Opposition Over Winebud

Lindsey A. Zahn, August 27, 2015August 26, 2015

Last week, the Trademark Trial and Appeal Board (“TTAB”) issued an opinion that sided with Anheuser-Busch, LLC’s opposition of the registration of the mark WINEBUD. See Anheuser-Busch, LLC v. Innvopak Systems Pty Ltd., Opposition No. 91194148 (August 17, 2015) [precedential]. The applicant, Innvopak Systems Party Limited, originally filed an application to register the…

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Winery Files Opposition to Trademark Registration of HBO’s Three-Eyed Raven

Lindsey A. Zahn, May 19, 2015May 20, 2015

Last week, Franciscan Vineyards, Inc. of St. Helena filed an opposition to the mark THREE-EYED RAVEN, filed by Applicant Home Box Office, Inc., for alcohol beverages, energy drinks, and non-alcoholic drinks beverages and fruit drinks. Franciscan Vineyards opposes registration of THREE-EYED RAVEN on the grounds that registration is likely to…

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Is There a Likelihood of Confusion Between APOTHEOSIS and APOTHIC?

Lindsey A. Zahn, April 29, 2015April 28, 2015

Applicant Kinney Family Vintners LLC DBA Occasio Winery sought to register the mark APOTHEOSIS for several types of red wine but was opposed by E. & J. Gallo Winery. See E. & J. Gallo Winery v. Kinney Family Vinters LLC d/b/a Occasio Winery, Opposition No. 91207656 (March 10, 2015) [not precedential]. Gallo alleged prior use…

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Jamieson Ranch and Pernod Ricard Reach Settlement in Trademark Lawsuit

Lindsey A. Zahn, December 10, 2014December 15, 2014

Earlier this year, On Reserve reported about the declaratory judgment suit launched against against Pernod Ricard’s Irish Distillers Limited, owner of the renowned Jameson Irish Whiskey, by Napa Valley-based vineyard Madison Vineyard Holdings, LLC, the owner of Jamieson Ranch. See Jamieson Vineyards Takes On Pernod Ricard’s Irish Distillers. The complaint was filed in response to a cease and desist…

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San Antonio Winery Obtains Injunction Against Constellation Brands in Trademark Litigation Suit

Lindsey A. Zahn, March 13, 2014August 11, 2014

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…

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Jamieson Vineyards Takes On Pernod Ricard’s Irish Distillers

Lindsey A. Zahn, March 11, 2014December 15, 2014

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…

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Champagne House Veuve Clicquot Sues Italian Sparkling Wine Producer Over Label

Lindsey A. Zahn, January 21, 2014December 15, 2014

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”…

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