SAN FRANCISCO – A Tennessee company with an office in Napa alleges that a company with an office in Larkspar is selling a chardonnay wine with a similar name, bottle and label.
BNA Wine Group LLC filed a complaint on June 13 in the U.S. District Court for the Northern District of California against O'Neill Beverages Co. LLC and Does 1 through 10 alleging trademark infringement and other counts.
According to the complaint, the plaintiff owns a trademark registration for the Butternut mark it uses for a chardonnay wine. The plaintiff holds O'Neill Beverages Co. LLC and Does 1 through 10 responsible because the defendants allegedly sell their Buttercup wine in a bottle and label similar to the plaintiff's Butternut mark and trade dress.
The plaintiff requests a trial by jury and seeks injunctive relief; order the defendants to expressly abandon their application for the Buttercup mark; deliver up for destruction all infringing materials; all profits; general, special, actual and statutory damages; damages believed to be more than $100,000; punitive damages; all legal fees and any other relief as the court deems just. It is represented by Daniel A. Reidy and Luisa M. Bonachea of Reidy Law Group in St. Helena.
U.S. District Court for the Northern District of California case number 3:17-cv-03411-WHO