A “BIG” NAME BRAND BATTLE IN CALIFORNIA
Wineries vying for catchy labels and gimmicky names have led to assorted disputes within the industry over who gets what. Just look at the recent case between Napa growers and Bronco Wine Co. over the use of “Napa” in some of Bronco’s brands, or Diageo’s clash with a small Oregon winery, Belle Provenance Vineyard, over the use of “provenance” in their title.
The latest quarrel comes from Adler Fels Winery and Milano Family Vineyards who are both producing “Big Ass” wines. Neither side is relinquishing as they hash it out in the San Francisco federal court.
Adler Fels got federal approval to produce “Big Ass Cab” in 2004, while Milano Family Vineyards also received approval a little later that same year to make “Big Ass Red.” But neither winery owned the “Big Ass” trademark at the time of their approval.
No, that “Big Ass” name already belongs to a guy named Horwath who runs a microbrewery in Fairfield. However, Horwath agreed in July 2005 to license the rights to "Big Ass" to the Milano Family Winery.
So while Adler Fels received federal approval first, Milano was the first to license the trademark from Horwath who is has also gotten involved in the lawsuit. The U.S. Patent Office considers beer and wine to be a single class of goods.
Moral of the story – get your trademark first.
Wineries, especially new ones, are realizing more and more the importance of catchy labels to get themselves noticed on shelves. Vineyards are popping up everywhere thanks to new direct shipment laws, and owners are trying to find a way to get their brand noticed. And with a name like “Big Ass” set atop a label featuring a rotund couple dancing, almost anyone is going to take notice. Just look at the success of Fat Bastard.
The latest quarrel comes from Adler Fels Winery and Milano Family Vineyards who are both producing “Big Ass” wines. Neither side is relinquishing as they hash it out in the San Francisco federal court.
Adler Fels got federal approval to produce “Big Ass Cab” in 2004, while Milano Family Vineyards also received approval a little later that same year to make “Big Ass Red.” But neither winery owned the “Big Ass” trademark at the time of their approval.
No, that “Big Ass” name already belongs to a guy named Horwath who runs a microbrewery in Fairfield. However, Horwath agreed in July 2005 to license the rights to "Big Ass" to the Milano Family Winery.
So while Adler Fels received federal approval first, Milano was the first to license the trademark from Horwath who is has also gotten involved in the lawsuit. The U.S. Patent Office considers beer and wine to be a single class of goods.
Moral of the story – get your trademark first.
Wineries, especially new ones, are realizing more and more the importance of catchy labels to get themselves noticed on shelves. Vineyards are popping up everywhere thanks to new direct shipment laws, and owners are trying to find a way to get their brand noticed. And with a name like “Big Ass” set atop a label featuring a rotund couple dancing, almost anyone is going to take notice. Just look at the success of Fat Bastard.
posted at 2:27 PM
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