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On Reserve

A Wine Law Blog

Tag: wine lawsuit

Dracula Wine Brand Owner Sues 19 Crimes

Lindsey A. Zahn, January 8, 2024January 2, 2024

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….

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The Vineyard House Files Trademark Infringement Complaint Against The Napa Vineyard House

Lindsey A. Zahn, February 15, 2017February 16, 2017

As originally reported by the Napa Valley Register, two vineyard “houses” in Napa are currently in disagreement about the use of a similar name. See Lawsuit Claims Confusion Between 2 Napa ‘Vineyard Houses.’ Vineyard House Winery in Oakville is disputing the use of “Vineyard House” by The Napa Vineyard House. On February 1st, The…

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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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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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Willamette Valley Vineyards Sues Neighboring Farm Over Herbicide Drift

Lindsey A. Zahn, July 28, 2015July 27, 2015

Willamette Valley Vineyards is suing Five Cent Farm, Inc., a neighboring farm. According to Statesman Journal, the lawsuit filed against Five Cent indicates that the Vineyard is claiming more than $400,000 in economic loss from damage to the Vineyard’s pinot noir grapes. The complaint states that Willamette Valley Vineyards has a…

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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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Importer Pasternak Answers and Counterclaims Against Vignerons de la Méditerranée

Lindsey A. Zahn, March 29, 2015March 29, 2015

In January, On Reserve reported that Vignerons de la Méditerranée (“VM”) filed a complaint in the Supreme Court of the State of New York County of Westchester against Harrison-based importer Pasternak Wine Imports. See Vignerons de la Méditerranée sues Westchester County Importer Pasternak. The complaint named Domaines Barons de Rothschild (“DBR”) as a co-defendant…

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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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Vignerons de la Méditerranée sues Westchester County Importer Pasternak

Lindsey A. Zahn, January 19, 2015January 18, 2015

On January 5, 2015, plaintiff Vignerons de la Méditerranée (“VM”) filed a complaint in the Supreme Court of the State of New York County of Westchester against Harrison-based importer Pasternak Wine Imports (defendant). The complaint names Domaines Barons de Rothschild (“DBR”) as a co-defendant to the complaint. Pasternak was the…

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TTAB Finds “Naughty Girl” Not Merely Descriptive of Wine

Lindsey A. Zahn, October 13, 2014December 15, 2014

In a recent opinion, the TTAB found a registered mark for “Naughty Girl” in Class 33 (wines and fortified wines) not merely descriptive of wine. Alvi’s Drift Wine International, the petitioner, sought to cancel the registration by von Stiehl Winery for the standard character mark “Naughty Girl.” Alvi’s Drift Wine…

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