Wine for “mommy” sets off trademark fight

on 21/04/11 at 8:52 am

Industry

Rival wine sellers targeting overworked mothers are fighting over use of the word “Mommy” on their wine labels, according to a lawsuit filed in San Francisco federal court.

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.

{Full story via Reuters}

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