SAN FRANCISCO – A Napa wine producer alleges a Larkspur business is unlawfully using its Butter mark.

JaM Cellars Inc. filed a complaint on Feb. 10 in the U.S. District Court for the Northern District of California against O'Neill Beverages Co. LLC alleging trademark infringement and other counts.

According to the complaint, the plaintiff alleges that it suffered damages from having its Butter mark used on other competing products. The plaintiff holds O'Neill Beverages Co. LLC responsible because the defendant's Buttercup mark allegedly infringes the plaintiff's Butter mark.

The plaintiff requests a trial by jury and seeks enjoin the defendant, deliver up for destruction all infringing materials, monetary damages, treble damages, punitive damages, all legal fees and any other relief as the court deems just. It is represented by J. Scott Gerien and Joy L. Durand of Dickenson, Peatman & Fogarty in Napa.

U.S. District Court for the Northern District of California Case number 3:17-cv-00690

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U.S. District Court for the Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102

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