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On Reserve

A Wine Law Blog

Tag: trademark law

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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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 See E. & J. Gallo Winery v. Kinney Family Vinters LLC d/b/a Occasio Winery, Opposition No. 91207656 (March 10, 2015) [not precedential].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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Seattle Winery Forced to Change Name After Cease and Desist Letter from Jackson Family Wines

Lindsey A. Zahn, April 21, 2015April 21, 2015

Last week, Komo News reported that a Seattle-based winery, Bartholomew Winery, was forced to change the name of one of its wine brands after receiving a cease and desist letter from Jackson Family Wines. See Seattle Winery Forced to Change Name, Label After Cease-and-Desist. The wine brand, Jaxon, is reportedly named after the son of…

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Are AUREA and FINCA AUREA Confusingly Similar for Wine?

Lindsey A. Zahn, March 16, 2015March 14, 2015

Applicant Roberto Oreste Antonio Busnelli sought to register the mark FINCA AUREA on the Principal Register in standard characters, with FINCA disclaimed in International Class Type 33.  See In re Roberto Oreste Antonio Busnelli, Serial No. 85830131 (February 20, 2015) [not precedential]. The application included a translation that indicated the the mark means,…

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Hillside Select: Napa Vintner Sues Angwin Winery Over Name

Lindsey A. Zahn, January 19, 2015January 23, 2015

Napa Valley vintner Shafer Vineyards recently filed suit against Angwin, California winery owner, Mike Beatty (doing business as Howell Mountains Vineyards) for use of the term Hillside Select on its wine. Shafer Vineyards—who according to the USPTO database registered the mark Hillside Select in January 1990—alleges Mr. Beatty used the Napa Valley vintner’s registered…

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Trademark: Can a Last Name be Confusingly Similar for a Wine?

Lindsey A. Zahn, January 5, 2015December 30, 2014

Joseph Barton, Applicant, sought to register the mark (in standard characters) BARTON FAMILY on the Principal Register in international class 33 “wine; wines.” See In re Thomas Barton, Serial No. 85826787 (Dec. 11, 2014) [not precedential]. The Trademark Examining Attorney refused registration of Applicant’s mark under Section 2(d) of the Trademark Act, 15 U.S.C….

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Is CENTURY Confusingly Similar with SECOLO for Wine?

Lindsey A. Zahn, December 31, 2014March 14, 2015

The Biltmore Company, Applicant, sought to register the mark CENTURY (in standard characters) for wine in International Class 33. See In re The Biltmore Company, Serial No. 85561663 (Nov. 21, 2014) [Not precedential]. Originally, the Trademark Examining Attorney refused registration under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the…

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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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Arcata Not Primarily Geographically Deceptively Misdescriptive of Wine

Lindsey A. Zahn, November 18, 2014December 15, 2014

In a recent TTAB decision, the Board found that Arcata was not primarily geographically deceptively misdescriptive of wine. The Applicant, D’Andrea Family Limited Partnership, sought to register the mark ARCATA in standard character form for “Wine” in International Class 33. In re D’Andrea Family Limited Partnership, Serial No. 85834204 (Oct….

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