Calling its product “Cask & Cream” creates consumer confusion with Jackson’s La Crema trademark, the company asserted in a complaint filed in federal district court.
From fiscal 2016 to fiscal 2020, Jackson Family Wines (JFW) sold more than 80 million bottles of La Crema wine, the suit states. In fiscal 2020, alone, more than 15 million bottles were sold. JFW has used the La Crema trademark to sell wines throughout the U.S. since October 1987. La Crema means “The Cream,” JFW says in its complaint.
Since 2002, dollar sales of La Crema Chardonnay have annually outsold all other Chardonnays priced over $11 and dollar sales of La Crema Pinot Noirhave consistently been one of the top selling Pinot Noirs priced over $11in the U.S. La Crema Chardonnay is the #1 selling Chardonnay priced above $11 and La Crema Pinot Noir is the #2 selling Pinot Noir priced above $11 in the U.S. based on dollar volume, the suit states.
It adds Gallo has used Cask & Cream for brandy since September 10, 2003, and on Jan. 16, 2013, Gallo filed a U.S. Trademark Application to use “Cask & Cream” for “alcoholic beverages except beers.” When JFW protested, Gallo said “Cask & Cream mark will not be used on wine, but rather distilled spirits which include cream liquor.”
The Cask & Cream trademark “is confusingly similar to” JFW’s LaCrema mark, “given that the marks are similar in sight, sound and meaning and are used on the identical goods, namely California wine,” JFW’s complaint states. The fact “cream” is in a brighter color or more distinctive font than Cask “demonstrates (Gallo’s) intent to capitalize on (JFW’s) trademark,” Jackson’s complaint states.
The suit seeks not only to block Gallo from using Cask & Cream for wine but also to void the use of the mark for distilled spirits.
As if press time, Gallo had not responded to our request for comment on the lawsuit.