False Designation of Origin, Litigation Update, Marco A. Hernandez, Trademark Infringement, Unfair Competition, Unlawful Trade Practices
Hood River-based Naked Winery is pursuing a new San Francisco-based winemaker, Naked Rebel Winery, for trademark infringement. It’s not necessarily a slam-dunk case, as there are several other “naked-formative” trademarks used in connection with wine. Naked Rebel filed it’s own trademark application back in December although there’s been no action yet by a Trademark Examiner. However, based on rejections received in other “naked” applications, it seems the Naked Rebel crew may have to overcome both this lawsuit and then a 2(d) refusal in order to successfully use and register their trademark.
Trademark practitioners, do you prefer to file a trademark complaint prior to an Examiner’s review of a pending trademark application or do you wait for an Examiner’s 2(d) refusal? I’m curious as to your thoughts in either direction.
Naked Wines LLC v. Mustache Mentors, Inc. et al
Court Case Number: 3:13-cv-00402-HZ
File Date: Friday, March 08, 2013
Plaintiff: Naked Wines LLC
Plaintiff Counsel: Hillary A. Brooks, Delfina S. Homen of Marger Johnson & McCollom, PC
Defendant: Mustache Mentors, Inc., Mustache Mentors LLC
Cause: Trademark Infringement, False Designation of Origin and Unfair Competition, Unlawful Trade Practices
Court: Oregon District Court
Judge: Judge Marco A. Hernandez