Stark v Diageo Trademark Case: Goliath Mostly Wins … For Now

A close reading of the Stark v Diageo lawsuit decision indicates that in this David versus Goliath battle, the big guy got a bigger victory than news releases have made it appear.

The written decision and order by Judge Yvonne Gonzalez Rogers of the U.S. District Court for the Northern District of California describes a preliminary injunction that falls far short of that which vintner Christian Stark had requested of the court.

However, Stark’s attorney, Steven K. Barentzen of Washington, D.C.,  told Wine Industry Insight that, even with the judge’s limits, getting a preliminary injunction against a large corporation like Diageo was a victory for the David in this legal mismatch.

Barentzen said his client is considering a number of options including an appeal.

A READABLE JUDICIAL DECISION WORTH STUDYING

The judge’s written decision is remarkably clear and offers a valuable primer that every wine industry decision maker should be familiar with. It could also be significant for companies who try to trademark personal names or descriptive phrases as is so often the case in the wine business.

Conversely, the judge’s detail and logic could offer hope and direction to smaller companies who have been targeted by the wine industry’s notorious trademark trolls. E.& J. Gallo has, in the past, sued nail polish makers, salt & pepper shakers, pasta, shoe retailers and many other  businesses that have used the generic and commonly used Italian word for rooster (See: More Rooster Lawsuits For Gallo (FREE article).

Wine Executive News premium subscribers can access the judge’s full decision here.

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Also In This Article:

The full text of the following sections is available to premium subscribers of Wine Executive News.

• STARK: RAVING MAD OVER STARK RAVING WINE

• DIAGEO’S NEW STARK RAVING “MILLENNIAL” BRANDS

• DIAGEO PROMO & MARKETING: STARK RAVING BIG

• STARK FELT DIAGEO’S PROMOTION WOULD CONFUSE CONSUMERS

• INFRINGEMENT STARKLY ROOTED IN SLEEKCRAFT DECISION
  

• BRAND CONFUSION? STARK RAVING NOT SAYS JUDGE

• MORE ON THE ISSUE OF COMMERCIAL STRENGTH

• WEAK PROTECTIONS FOR DESCRIPTIVE & NAME-BASED TRADEMARKS

• THE CONTINUUM OF TRADEMARK STRENGTHS

•  DIAGEO’S VIEW OF MILLENNIAL WINE DRINKER SOPHISTICATION

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