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…
Tag: trademark law
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…
Hennessy Wins Trademark Infringement Case in China Against Beijing Company
The Drinks Business reported last week that renowned cognac producer Hennessy won a trademark case in China against a Beijing company for trademark infringement and unfair competition. As demonstrated previously, China can be a difficult market for true brand owners to obtain trademark. See, e.g., Kasite Trademark Sours for French Vintner Caste; see also What’s…
No Likelihood of Confusion for Domaine Pinnacle Apple Juice and Pinnacles Ranches Wine
Domaine Pinnacle, Inc., a Canadian-based apple orchard and cidery, filed an intent-to-use application to register a mark in International Class 33 for apple juices and non-alcohol-based beverages on December 30, 2005 (mark pictured right). The description of the mark is as follows: “The mark consists of A drawing of an…
French Wine Company Castel Frères to Pursue Trademark Battle Against Panati in China’s Supreme Court
A few weeks ago, On Reserve documented the story of Château Listran and the winery’s inevitable trademark defeat in the Chinese market by way of brand squatters. This week, we bring you a very similar story detailing the grievances of China’s trademark laws and impact on true brand owners who pursue…
Prêt à Boire: A Mark “Ready to Register” on the USPTO Supplemental Register
On September 30, the United States Patent and Trademark Office Trademark Trial and Appeal Board issued a decision, In Re Amuse Bouche LLC, for Trademark Application No. 77965809, originally filed March 23, 2010. See In Re Amuse Bouche LLC, Application No. 77965809 (September 30, 2013). Scott Bibb was the Trademark Examining Attorney and the…