SAN FRANCISCO – A Saint Helena wine producer alleges its trademark is unlawfully being used.
One True Vine LLC filed a complaint on April 12 in the U.S. District Court for the Northern District of California against BNA Wine Group LLC and Does 1 through 10 alleging trademark infringement.
According to the complaint, the plaintiff alleges that it suffered damages to its business from having its Layer Cake mark and logo used to advertise other products. The plaintiff holds BNA Wine Group LLC and Does 1 through 10 responsible because the defendants allegedly are likely to cause confusion among consumers by using the Short Cake mark, which the plaintiff alleges is similar to its own.
The plaintiff seeks to enjoin the defendant from using the Short Cake mark, deliver up for destruction all infringing products, all profits and damages, treble damages, all legal fees, restitution, compensatory and punitive damages, interest and any other relief as the court deems just. It is represented by Ronald P. Oines and Kathryn Domin of Rutan & Tucker LLP in Costa Mesa and by Carrie Alto of the same firm in Palo Alto.
U.S. District Court for the Northern District of California Case number 3:17-cv-02057-JCS