Wine for “mommy” sets off trademark fight
on 21/04/11 at 8:52 amIndustry
In the suit, filed on Monday, California-based winery Clos Lachance Wines asked the court to declare that its “Mommyjuice” does not violate the trademark of “Mommy’s Time Out,” which is marketed by a New Jersey distributor.
“Mommy is a generic word that they don’t have a monopoly on,” said KC Branch, an attorney who represents Clos Lachance.
The owner of “Mommy’s Time Out” declined to comment on the lawsuit.
To succeed in a trademark violation case, a brand owner must show it is likely that a rival’s mark will create confusion in the minds of consumers.