SAN FRANCISCO – A Napa chardonnay maker alleges another company is using its mark for another chardonnay.
JaM Cellars Inc. filed a complaint on Jan. 13 in the U.S. District Court for the Northern District of California against Rubin Wines LLC, Purple Wine Co. LLC and Does 1-10 alleging trademark infringement and other counts.
According to the complaint, the plaintiff alleges that on July 19, 2011, it was awarded sole ownership of the trademark "Butter" for wine and has used the mark as early as 2010. It alleges that the defendants were granted with a Certificate of Label Approval by the U.S. Alcohol and Tobacco Tax and Trade Bureau on Nov. 15, 2016, for a chardonnay wine featuring the mark "Buttery Barb."
The plaintiff holds Rubin Wines LLC, Purple Wine Co. LLC and Does 1-10 responsible because the defendants allegedly are likely to cause confusion among consumers by offering similar services and using the same marks as plaintiff's distinctive marks.
The plaintiff requests a trial by jury and seeks judgment against defendants, enjoin and restrain defendants and agents from further infringement, statement under oath for compliance to injunction, destroy all infringing materials, damages, and further 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-00202