SAN FRANCISCO – An Oregon winemaker alleges a Saint Helena winery is selling wine under a similar trademark.
Day Crush LLC, doing business as Day Wines, filed a complaint on Dec. 8 in the U.S. District Court for the Northern District of California against Ehren Jordan Wine Cellars LLC and Ehren Jordan alleging that the California corporation intentionally adopted marks in bad faith and with intent to cause confusion and dilution.
According to the complaint, the plaintiff alleges that in September 2013, Day Crush LLC received its first Certificate of Label Approval (COLA) and the first interstate commerce under the Day Wines marks occurred on Nov. 7, 2013. The plaintiff alleges that Jordan is selling zinfandel wines under a similar mark without any federal or California applications to register Day as a trademark.
The plaintiff holds Ehren Jordan Wine Cellars LLC and Jordan responsible because the defendant allegedly acted with knowledge of plaintiff's existing registered marks, with intent to confuse, mislead and deceive the public and obtained profit at the expense of plaintiff's established reputation.
The plaintiff requests a trial by jury and seeks judgment against defendants, immediately and permanently enjoin defendants from advertising and selling products under infringing marks, actual damages, account and pay profits from infringement, costs of action, attorney's fees, and further relief as the court may deem just. It is represented by John Mansfield of Mansfield Law in Portland, Oregon.
U.S. District Court for the Northern District of California Case number 3:16-cv-07032