Gallo Sues Freixenet Over Prosecco Bottle Design

 

The E. & J. Gallo Winery of Modesto, Calif.,  has filed suit against Freixenet Mionetto USA and Defendant CL Direct Imports of White Plains New York for allegedly “infringing Gallo’s federally-registered, distinctive, and incontestable trade dress.”

 

The lawsuit was filed in U.S. District Court for the Southern District of New York.

 

The complaint stated that, Freixenet Mionetto had infringed “Gallo’s federally-registered, distinctive, and incontestable trade dress …which Gallo has used for many years to package, promote, distribute and sell the best-selling Prosecco in the United States—by marketing the lesser-known and competing Prosecco.”

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Gallo’s complaint charged that it had suffered damages because there was a likelihood that consumers could confuse the two products.

 

Further details are available in the full court filings below, accessible to Wine Executive News premium subscribers.

The complete court document from which this article was prepared can be accessed by Wine Executive News premium subscribers.

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 Full Court Filings

• ECF1 Complaint-Gallo-v-Freixenet.pdf
• ECF1-1 Exhibit A
• ECF1-2 Exhibit B
• ECF7 Gallo v Freixenet/ECF7-AmendedComplaint-Gallo-v-Freixenet