A new case that may show the effects of China’s recently updated trademark law made headlines this last week. Treasury Wine Estates reported that the company did not register the Chinese name for Penfolds and is currently engaging in a legal battle with Li Daozhi, an allegedly notorious trademark squatter….
Tag: trademark infringement
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…
A Trademark Double Entendre: N2 Versus Into Wines
Here’s an interesting scenario. Can a trademark applicant’s mark ever have multiple meanings? And can such dual-meaning mark be issued a trademark even if one of its meanings is deemed merely descriptive? In a recent appeal to the United States Patent and Trademark Office’s Trademark Trial and Appeal Board, administrative…
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,…
Is China Making a Step Forward in Wine Trademark Law?
One of my recent pieces was published by Cornell International Law Journal Online, which is an incredible online collection of short publications written by attorneys and law students discussing contemporary legal issues in various fields. I wrote about China with respect to trademark and the wine industry. Specifically, I discussed…
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”…
Napa Valley Duckhorn Wine Co. Sues Duck Commander Wine, Alleging Trademark Infringement
A few months ago, On Reserve reported about Napa Valley’s Duckhorn Wine Co. and its suit against Long Island-based Duck Walk Vineyards. See Duckhorn Wine Co. Files a Complaint Against Duck Walk Vineyards Alleging Consumer Confusion on Wine Labels. We were a bit skeptical as to the argument for consumer confusion for…