SAN FRANCISCO – A Healdsburg winery claims it is being confused with a Huntington Beach winery because of their similar names.
Davis-Lehrmitage LLC, doing business as Davis Family Vineyards, filed a complaint on Dec. 14 in the U.S. District Court for the Northern District of California against Davis Estates LLC and Does 1-10 alleging trademark infringement.
According to the complaint, the plaintiff alleges that since 1999, it has used the Davis Family Vineyards mark and registered the mark in 2006. It alleges the defendants are using the Davis Estates mark, which is confusingly similar to its mark, and has caused plaintiff to suffer substantial injuries to its goodwill and reputation by diminishing the value of the mark.
The plaintiff requests a trial by jury and seeks judgment in its favor, enjoin defendants from using the trademarks, recall all infringing wine in commerce, destroy all containers, labels etc. bearing infringing trademark, to be declared as an exceptional case, costs, attorneys’ fees, and further relief that the court deems just. It is represented by John B. Dawson and Richard C. O’Hare of Carle, Mackie, Power & Ross LLP in Santa Rosa.
U.S. District Court for the Northern District of California Case number 4:16-cv-07123