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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
SAN ANTONIO WINERY, INC., § A California Corporation, §
§ Plaintiff, §
§ V. §
§ LARA VINEYARD, LLC and DOES 1-10, § Inclusive, §
§ Defendants. §
Civil Action No. S:16-cv-S3
COMPLAINT FOR DECLARATORY RELIEF
Plaintiff SAN ANTONIO WINERY, INC., through its attorneys Ford Murray,
PLLC, alleges as follows:
PARTIES
1. Plaintiff San Antonio Winery, Inc. ("Plaintiff' or "San Antonio") is a
corporation duly organized and existing under the laws of the State of California and has
its principal place of business within the City and County of Los Angeles in the State of
California.
2. On information and belief, Defendant Lara Vineyard, LLC' ("Lara
Vineyard") is· a limited liability company organized under the laws of the State of Texas
With a principal place of business at 27490 Smithson Valley Road, San Antonio, Texas
3. On information land belief; the Defendants sued herein as Does 1-10 are
indiVidliiHs' an;~reritities' whose names and identities are currently unknown to Plaintiff
\
and' who' are engaged in the acts described below. Plaintiff will amend its complaint to
idehtify these individuals or entities as soon as their identities become known.
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 1 of 9
4. Plaintiff is informed and believes and, based thereon it alleges, that at all
times relevant to this complaint, there existed a relationship between each of the
Defendants in the nature of a joint venture, partnership, principal and agent, employer
and employee, master and servant, aider and abettor, and principal and/or conspirator.
Each and every act of each of the defendants was duly authorized or ratified by each of
the other Defendants and carried out within the course and scope of such relationship.
Hereafter, Defendants Lara Vineyard and Does 1-10 shall be referred to collectively as
"Defendants."
JURISDICTION AND VENUE
5. This court has jurisdiction over this matter under 28 U.S.C. §§ 1338, 2201
and 2202 in that this is an action for a declaratory judgment in that Defendants' use of
trademarks below infringe Plaintiffs federally registered trademarks.
6. Venue is proper in this court under 28 U.S.C. § 1391(d) because a
substantial part of the events giving rise to these claims occurred in this judicial district.
GENERAL ALLEGATIONS
7. Plaintiff San Antonio is a family-owned corporation that is engaged in,
among other things, the production, sale and distribution of wines. San Antonio has
been in business since 1917 and, over the years, its wines have won numerous wine
competition awards.
8. San Antonio is the owner of U.S. Trademark Registration No. 637,838 (the
'''838 Registration"), a stylized design mark for the words San Antonio for use in
connection with wine which registered on November 27, 1956, and claims a first use in
commerce date since at least as early as October 1933.
2
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 2 of 9
9. San Antonio owns several federally registered standard character marks,
including, but not limited to, U.S. Trademark Registration No. 3,258,274 (the '''274
Registration") for the word mark San Antonio, and U.S. Registration No. 3,569,248 (the
'''248 Registration") for the word mark San Antonio Winery Heritage, and U.S.
Registration No. 3,861,073 (the '''073 Registration") for the word mark Bodega De San
Antonio, all of which are registered for use in connection with wine and combined with
the "838 Registration" are collectively referred to as the "San Antonio Marks." True and
correct copies of the registration certificates for the San Antonio Marks are attached
hereto as Exhibit "1."
10. San Antonio manufactures and distributes a portfolio of wines under the
San Antonio Marks. The San Antonio Marks are used in commerce on all of the labels
for the San Antonio wine brands, including, but not limited to, Bodega De San Antonio,
San Antonio California Champagne, San Antonio Winery Dessert, San Antonio Winery
Sacramental, and San Antonio Specialty. A true and correct copy of a screenshot
featuring some of San Antonio's wine brands with the San Antonio Marks affixed to the
label is attached hereto as Exhibit "2." San Antonio has used the mark SAN ANTONIO
in connection with the manufacture, distribution and sale of wine since at least as early
as 1933.
11. In addition to its collection of wines offered under the San Antonio brands,
San Antonio also manufactures and distributes the extremely popular and commercially
successful brand Stella Rosa. See http://stellarosawines.com/. The San Antonio Marks
are featured on Stella Rosa sales documents, such as invoices to distributors located in
Texas.
3
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 3 of 9
12. At all times relevant to the acts complained of herein, San Antonio has
used the San Antonio Marks to identify its goods and services and to distinguish them
from the goods and services made and sold or offered by others by, among other things,
prominently displaying the marks on packaging physically affixed to its wine or
documents used in connection with the sale of wines.
13. On information and belief, Defendant Lara Vineyard plans to engage in the
production, sale and distribution of wines. See http://www.lara-vineyard.com/. On the
homepage of its website, Lara Vineyard was using the term SAN ANTONIO as a
trademark to describe its vineyard. Attached hereto as Exhibit "3" is a true and correct
copy of Lara Vineyard's homepage.
14. Alcohol and Tobacco Tax and Trade Bureau ("TIB") approval is needed for
most wine labels to sale wine in the United States. In reviewing wine labels, the TIB
does not investigate whether such labels are likely to cause confusion with other wines
on the marketplace.
15. Lara Vineyard received TIB label approval for a wine label with Blanco de
San Antonio as the fanciful name on July 27, 2015. Attached hereto as Exhibit "4" is a
true and correct copy of the TIB label approval.
16. Lara Vineyard also received TIB label approval for a wine label with
Blanco Dulce de San Antonio as a fanciful name on July 29, 2015. Attached hereto as
Exhibit "5" is a true and correct copy ofthe TIB label approval.
17. On August 10, 2015, San Antonio, through counsel, sent a letter to Lara
Vineyard advising Lara Vineyard of its concerns regarding use of the mark SAN
ANTONIO as a fanciful name, its obligations to protect the San Antonio Marks, and
requested modification of Lara Vineyard's labels to accurately reflect its wine's
4
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 4 of 9
geographic origin of San Antonio, Texas. Attached hereto as Exhibit "6" is a true and
correct copy of the letter.
18. Since August 10, 2015, Lara Vineyard and San Antonio have exchanged
correspondence in an attempt to prevent incidences of consumer confusion. Plaintiff has
no objection to Lara Vineyard using the term SAN ANTONIO solely as a geographic
indicator for the source of the wine. However, Lara Vineyard has been unwilling to cease
using the term "San Antonio" as part of its fanciful names for its wine. Through counsel,
San Antonio has repeatedly attempted to resolve this matter without the need for
judicial intervention, however, counsel for Lara Vineyard has refused to provide a
substantive written response whereby San Antonio is assured this is no longer an issue.
19. Additionally, Lara Vineyard has not provided any evidence to San Antonio
demonstrating how the entire bottle will appear to consumers. Attached hereto as
Exhibit "7" are label modifications proposed by Lara Vineyard. The term SAN
ANTONIO remains included as the fanciful part of the wine name.
20. Defendant Lara Vineyard's conduct has created a case or controversy
between itself and San Antonio Winery.
FIRST CLAIM FOR RELIEF
(Declaration of Infringement of the San Antonio Marks)
21. Plaintiff repeats and realleges paragraphs 1-20 above, as though fully set
forth in this paragraph.
22. There is presently a dispute between San Antonio and the Defendants
regarding the parties' rights.
23. The Defendants, on the one hand, contend that Lara Vineyard can use the
mark SAN ANTONIO as part of a fanciful name for its wine and such use will not cause
5
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 5 of 9
consumers to believe that Lara Vineyard's wine comes from San Antonio or that Lara
Vineyard's wine is affiliated with, connected with or sponsored or licensed by San
Antonio.
24. San Antonio, on the other hand, believes use of the term SAN ANTONIO
in connection with the sale or offer for sale of wine in a fanciful name or as a trademark
or part of a trademark will cause consumers to believe that Lara Vineyard's wines come
from San Antonio or that Lara Vineyard's wine is affiliated with, connected with or
sponsored or licensed by San Antonio and that use of the term SAN ANTONIO in a
fanciful name, as a trademark, or part of a trademark in connection with the sale or offer
for sale of wine constitutes an infringement of San Antonio's federal trademark rights.
25. For all of the foregoing reasons, among others, San Antonio contends that
Lara Vineyard's use of the term SAN ANTONIO in a fanciful name or as a trademark or
part of a trademark for use in connection with the production, sale and distribution of
wine infringes valid, enforceable trademark rights of San Antonio or constitutes unfair
competition under any federal or state trademark or unfair competition laws.
26. Based upon the foregoing, pursuant to 28 U.S.C. §§ 2201 and 2202, San
Antonio is entitled to a judicial declaration as to whether use of the term SAN ANTONIO
as a fanciful name, as a trademark, or part of a trademark infringes any rights of San
Antonio in and to the San Antonio Marks.
SECOND CLAIM FOR RELIEF
(Dilution)
27. Plaintiff repeats and realleges paragraphs 1-20 above, as though fully set
forth in this paragraph.
6
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 6 of 9
28. The San Antonio Marks are famous as a consequence of the long period of
use by San Antonio, which has been exclusive, and San Antonio's extensive marketing
and sales of goods under them.
29. The Defendants threaten to commence use in commerce of the San
Antonio Marks after San Antonio adopted and began using the San Antonio Marks and
after the mark had become famous.
30. Taking into consideration (i) the high degree of similarity between the
Defendants' Blanco de San Antonio and Dulce de San Antonio names; and the San
Antonio Marks, (ii) the high degree of distinctiveness of the San Antonio Marks, (iii) the
fact that San Antonio and/or its predecessor has been making exclusive use of the San
Antonio Marks in connection with wine for at least 82 years, (iv) the degree of consumer
recognition of the San Antonio Marks as a consequence of San Antonio's extensive use
and promotion of those marks over many years, and (v) the association in the minds of
consumers between the San Antonio Marks and San Antonio, the Defendants' use of the
term SAN ANTONIO has caused or, in the alternative, is likely to cause dilution of the
San Antonio Marks.
31. Based upon the foregoing, pursuant to 28 U.S.C. §§ 2201 and 2202, San
Antonio is entitled to a judicial declaration as to whether use of the term SAN ANTONIO
as a fanciful name, as a trademark, or part of a trademark dilutes the San Antonio
Marks.
THIRD CLAIM FOR RELIEF
(Unfair Competition)
32. Plaintiff repeats and realleges paragraphs 1-20 above, as though fully set
forth in this paragraph.
7
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 7 of 9
33. Defendants' use of the term SAN ANTONIO in a fanciful name, as a
trademark, or part of a trademark in connection with the production, sale and
distribution of wine constitutes common law unfair competition in that Defendants are
attempting to pass off their goods as those of San Antonio. Such acts have caused and
will continue to cause irreparable and immediate injury to San Antonio.
34. Based upon the foregoing, pursuant to 28 U.S.C. §§ 2201 and 2202, San
Antonio is entitled to a judicial declaration as to whether use of the term SAN ANTONIO
as a fanciful name, as a trademark, or part of a trademark constitutes unfair competition
under any federal or state trademark or unfair competition laws.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for relief as follows:
1. That the Court declare that Lara Vineyard's proposed use of the terms SAN
ANTONIO as a fanciful mark, as a trademark, or as part of a trademark for
use in connection with the sale of wine will infringe San Antonio's valid,
protectable trademark rights in and to the San Antonio Marks;
2. That the Court declare that Lara Vineyard's proposed use of the term SAN
ANTONIO as a fanciful mark, as a trademark, or as part of a trademark for
use in connection with the sale of wine will dilute the San Antonio Marks;
3. That the Court declare that Lara Vineyard's proposed use of the term SAN
ANTONIO as a fanciful mark, as a trademark, or as part of a trademark for
use in connection with the sale of wine will be unfair competition;
4. For attorney's fees pursuant to 15 U.S.C. § 1117(a);
5. For costs of suit; and
6. For such other and further relief as the court deems just and proper.
8
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 8 of 9
Respectfully submitted,
W~~kld-~ WILLIAM H. FORD State Bar No. 07246700 Direct Line: (210) 731-6306 Email: bill.ford@fordmurray.com FORD & MURRAY, PLLC 10001 Reunion Place, Suite 640 San Antonio, Texas 78216 (210) 731-6400 Main (210) 731-6401 Facsimile
JEFFREY G. SHELDON (pro hac vice pending)
Email: jsheldon@leechtishman.com LEECHTISHMAN
100 Corson Street, Third Floor Pasadena, California 91103 (626) 796-4000 Main (626) 795-6321 Facsimile
ATTORNEYS FOR PLAINTIFF SAN ANTONIO WINERY, INC.
9
Case 5:16-cv-00053 Document 1 Filed 01/19/16 Page 9 of 9
EXHIBIT 1
Case 5:16-cv-00053 Document 1-1 Filed 01/19/16 Page 1 of 5
Int. CIs.: 29, 33 and 35
Prior U.S. CIs.: 46, 47, 49, 100, 101 and 102 Reg. No. 3,258,274
Registered July 3, 2007 United States Patent and Trademark Office
TRADEMARK SERVICE MARK
PRINCIPAL REGISTER
SAN ANTONIO
SAN ANTOKIO WINERY, INC. (CALIFORNIA CORPORATION)
737 LAMAR STREET
LOS ANGELES, CA 90031
FOR: JELLIES AND FRUIT PRESERVES, IN CLASS 29 (U.S. CL. 46).
FIRST USE 12-31-1965; IN COMMERCE 12-31-1965.
FOR: WINES, IN CLASS 33 (U.S. CLS. 47 Af\'D 49).
FIRST USE 10-31-1933; IN COMMERCE 10-31-1933.
FOR: RETAIL STORE SERVICES FEATURING WIKES, IK CLASS 35 (U.S. CLS. 100, 101 AND 102).
FIRST USE 12-31-1964; IN COMMERCE 12-31-1964.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR.
OWNER OF U.S. REG. NO. 637,838.
SER. NO. 78-923,901, FILED 7-6-2006.
JESSICA FATHY, EXAMINING ATTORNEY
Case 5:16-cv-00053 Document 1-1 Filed 01/19/16 Page 2 of 5
Int. Cl.: 33
Prior U.S. CIs.: 47 and 49
United States Patent and Trademark Office Reg. No. 3,569,248
Registered Feb. 3, 2009
TRADEMARK PRINCIPAL REGISTER
SAN ANTONIO WINERY IIERITAGE
SAN ANT01\IO WINERY, INC. (CALIFORl'<lA CORPORATION)
737 LAMAR STREET LOS ANGELES, CA 90031
FOR: WINE, IN CLASS 33 (U.S. CLS. 47 AND 49).
FIRST USE 10-6-2006; IN COMMERCE 1-9-2007.
THE MARK CONSISTS OF STANDARD CHAR-ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WINERY", APART FROM THE MARK AS SHOWN.
SEC. 2(F) AS TO "SA1\ ANiONIO".
SER. 1\0. 77-407,649, FILED 2-27-2008.
RUSS HERMAN, EXAMINING ATTORNEY
Case 5:16-cv-00053 Document 1-1 Filed 01/19/16 Page 3 of 5
637,838 United States Patent Office Registered Nov. 27, 1956
PRINCIPAL REGISTER Trademark
Ser. No. 6,291, filed Apr. 12, 1956
~llnlntonio San Antonio Winery, Inc. (California corporation) 737~ Lamar St.
For: WINES, in CLASS 47. First use October 1933; in commerce October 1933. Sec.2(f) Los Angeles 31, Calif. Owner of Reg. No. 421,676.
Case 5:16-cv-00053 Document 1-1 Filed 01/19/16 Page 4 of 5
Reg. No. 3,861,073
BODEGA DE SAN ANTONIO
SAN ANTONIO WINERY, INC. (CALIFORNIA CORPORATION) 767 LAMAR STREET
Registered Oct. 12,2010 LOS ANGELES, CA 90031
lnt. CI.: 33
TRADEMARK
PRINCIPAL REGISTER
LJir~dur of the Ullited Statt:~ ]';J[!!nt and rmdemmk Office
FOR: WINE, IN CLASS 33 (US. CLS. 47 AND 49).
FIRST USE 3-8-201O~ IN COMMERCE 3-16-2010.
THE MARK CONSISTS OF S·lANDARD CHARACTERS WID-lOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR
OWNER OF US. REG. NOS. 637,838, 3,258,274 AND OTHERS.
NO CLAIM IS MADE TO TI-IE EXCLUSIVE RIGHT TO USE "J30DEGA",APART FROMTI-IE MARKAS SHOWN.
SER. NO. 85-009,841, FILED 4-8-2010.
JOSETTE J3EVERLY, EXAMINING AITORNEY
Case 5:16-cv-00053 Document 1-1 Filed 01/19/16 Page 5 of 5
EXHIBIT 2
Case 5:16-cv-00053 Document 1-2 Filed 01/19/16 Page 1 of 4
EXHIBIT 2 to Complaint
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SAN ANTONIO ARTISAN SERIES
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San Antonio Winery Cask 520/2009 San Antonio Artisan H eritage Blanc San Antonio Artisan Heritage 2009
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EXHIBIT 2 to Complaint
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SAN ANTONIO SPECIALTY
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EXHIBIT 2 to Complaint
t:.J ... 1. http,/lsanantoniowlnery.com!ou,·b"nOs/t.,deg.-d P 3 @"t • Bodeg. d. 5>0 Antonio 150... U
BODEGA DE SAN ANTONIO
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EXHIBIT 3
Case 5:16-cv-00053 Document 1-3 Filed 01/19/16 Page 1 of 2
8/7/2015 Lara Vineyard Home
!.!II.!.!II.!.i@'
SAN ANTONIO
Home
The Story
Venues
About Us
Directions
Contact Us
Lara-Vineyard.com
San Antonio's Vineyard Nestled in the Texas hill country, Lara Vineyard is a private vineyard that accommodates visitors by reservations only. Lara Vineyard caters to individuals who enioy a private setting among friends. Visitors can sample wine under a pergola enveloped with Blanc Du Bois grapes. The pergola is surrounded by the vineyard creating an ambiance unlike any other vineyard in Texas. The Pergola is strategically placed at the top of the vineyard giving access to the prevailing breezes from the southeast during the summer months with views of the west to experience memorable sunsets. The furnishings under the pergola include a table with formal settings for up to 20 people. In addition, Cypress furniture crafted by an artesian from Bourne, Texas build upon the organic style adopted by Lara Vineyard. Lara Vineyard began in 2008 with the first plantings of Blanc Du Bois grapes. Much research was conducted to select the variety of grapes that could be grown in this part of Texas.
Currently , Lara Vineyard is obtaining required licenses to produce and sell wine. Until alt appropriate Licenses are obtain, Lara Vineyard cannot give free samples or sell wine.
http://lara-vineyard . com/index.hlm! 1/1
Case 5:16-cv-00053 Document 1-3 Filed 01/19/16 Page 2 of 2
EXHIBIT 4
Case 5:16-cv-00053 Document 1-4 Filed 01/19/16 Page 1 of 3
11/20/2015 TTB Online - COLAs Online - Application Detail
ALCOHOL AND TOB CCO TAX AN TRADE BUREAU U. S. Department of the Tro sury
COLA Registry ALCOHOl. AND TOBACCO TAX AttD TRADE BUREAU
TTB F 5100.31: Application For and Certification/ Exemption of Label/Bottle Approval
COLA Detail
TTB ID: 9 15183001000034
Status: 6 APPROVED
Vendor Code: () 29928
Serial #: 6 151111
Class/Type Code: f) TABLE WHIT E WINE
Origin Code: f) TEXAS
Brand Name: 6 LARA VINEYARD
Fanciful Name: 6 BLANCO DE SAN ANTONIO
Type of Application: 6 EXEMPTION
For Sale In: 6 TX
Total Bottle Capacity: ()
Grape Varietal (s):O White wood
Wine Vintage: @ 2015
Formula :&
Approval Date: 07/27/2015
Qualifications: ()
:. Search Public COLA Registry :. COLAs Online FAOs
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:. Printable Version
TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible industry member must continue to ensure that the mandatory in format ion on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling regulations, 27 CFR parts 4, 5, 7, and 16, as appl icable.
Plant Registry /Basic Permit/Brewers No (Principal Place of Business): f)
BWN-TX-21147
MICHAEL LARA
https:/Iwww.ttbonline.govlcoiasonline/l.iewColaDetails.do?action=publicDisplaySearchAdvanced&ttbid=15183001000034 1/2
Case 5:16-cv-00053 Document 1-4 Filed 01/19/16 Page 2 of 3
11/20/2015
-
27490 SMITHSON VALLEY RD
SAN ANTONIO, TX 78261
TTB Online - COLAs Online - Application Detail
Plant Registry/Basic Permit/Brewers No (Other): 6
Contact Information:
michael lara
Phone Number: (210) 273-6453
Fax Number:
~I AJcoh.ol a nd obacco Tax an d Trade Bureau. 2003 Contact us at we-bmaster@1tb _tress _9ol1'
V;'>< [T f; 1/ ;1T.1 T" .5
DEr...\nT1tJE~T O.F Tim TR~.'SURl'
W hile the Alcohol and Tobacco Tax and Trade Bureau (TTB) makes every effort to provide complete information, data such as company names, addresses, permit numbers, and other data provided in the registry may change over time. TTB makes no warranty, expressed or implied, and assumes no legal liability or responsibility as to the accuracy, reliability or completeness of furnished data. Label images contained wi thin the Public COLA Registry may appear differently, with respect to type size, characters per inch and contrasting background , than actual labels on the container. We also remind users of the Public COLA Registry that section V. of the instructions for the TTB COLA Form 5100.31, Allowable Revisions to Approved Labels, identifies various types of label information that may be changed by the COLA holder without the need for re-approvaL TTB welcomes suggestions on how to improve our Public COLA Registry. Please contact us via email at alfd@ttb.gov .
If you have difficulty accessing any information in the site due to a disability, please contact us via email (webmaster@ttb.treas.gov) and we will do our best to make the information available to you.
Thi s site is best viewed at 800x600 screen resolution or higher using Internet Explorer 7.0 . If you are using Internet Explorer 8.0, click here for more information on browser Compatibility.
WARNING! THIS SYSTEM IS THE PROPERTY OF THE UNITED STATES DEPARTMENT OF TREASURY. UNAUTHORIZED USE OF THIS SYSTEM IS STRICTL Y PROHIBITED AND SUBJECT TO CRIMINAL AND CIVIL PENALITIES. THE DEPARTMENT MAY MONITOR,
RECORD, AND AUDIT ANY ACTIVITY ON THE SYSTEM AND SEARCH AND RETRIEVE ANY INFORMATION STORED WITHIN THE SYSTEM. BY ACCESSING AND USING THIS COMPUTER YOU ARE AGREEING TO ABIDE BY THE ITB RULES OF BEHAVIOR, AND ARE
CONSENTING TO SUCH MONITORING, RECORDING, AND INFORMATION RETRIEVAL FOR LAW ENFORCEMENT AND OTHER PURPOSES. USERS SHOULD HAVE NO EXPECTATION OF PRIVACY WHILE USING THIS SYSTEM.
TTB CO LAS Version 3 .11.5
https:/AMMN.ttbonline.gov/colasonline/l.iewColaDetai Is.do?acti on= publ icD isplaySearchAdvanced&ttbi d= 15183001000034 212
Case 5:16-cv-00053 Document 1-4 Filed 01/19/16 Page 3 of 3
EXHIBIT 5
Case 5:16-cv-00053 Document 1-5 Filed 01/19/16 Page 1 of 3
11/20/2015 TTB Online - COLAs Online - Appl ication Detail
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU U-S. Departmont of the Tro.sury
COLA Registry ALCOHOl. AND TOBACCO TAX MiD TRADE BUREAU
TIB F 5100.31: Application For and Certificat ion/ Exemption of Label/Bottle Approval
COLA Detail
TIB 10: 6 15183001000033
Status: 6 APPROVED
Vendor Code: €) 29928
Serial #: 6 152222
Class/Type Code: 0 TABLE WHITE WINE
Origin Code: f) TEXAS
Brand Name: €) LARA VINEYARD
Fanciful Name: f) BLANCO DULCE DE SAN ANTONIO
Type of Application: 0 EXEMPTION
For Sale In: 6 TX
Total Bottle Capacity: 0
Grape Varietal{s): 0 Blanc du bois
Wine Vintage: @ 2015
Formula :6
Approval Date: 07/29/2015
Qualifications: if)
:. Search Public COLA Registry :. CO LAs Online FAOs
:- Contact Us :. Public COLA Registry Manual :. DOWlload Public COLA Registry Manual
:- COLAs Online Logon
:. Printable Vers ion
TTB has not reviewed this label for type size, characters per inch or contrasting background. The responsible indu stry member must continue to ensure that the mandatory information on the actual labels is displayed in the correct type size, number of characters per inch, and on a contrasting background in accordance with the TTB labeling regulations, 27 CFR parts 4,5,7, and 16, as applicable.
Plant Registry /Basic Permit/Brewers No (PrinCipal Place of Business): {)
BWN-TX- 21147
MICHAEL LARA
https://www.ttbonline.gov/colasonline/\iewColaDetails.do?acti on= publ icD isplaySearchAd"'lnced&ttbi d= 15183001 000033 1/2
Case 5:16-cv-00053 Document 1-5 Filed 01/19/16 Page 2 of 3
11/20/2015
27490 SMITHSON VALLEY RD
SAN ANTONIO, TX 78261
TTB Online - COLAs Online - Application Detail
Plant Registry/Basic Permit/Brewers No (Other): ()
Contact Information:
michael lara
Phone Number: (210) 273-6453
Fa x Numbe r :
~I Alcohol and obac co Tax Bnd Trade Bure au . 2-003 Conts.ct us at webmas ter@ ttb . tle a!! . gov
1,' :-: I t E It s' T .\. T .5
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Case 5:16-cv-00053 Document 1-5 Filed 01/19/16 Page 3 of 3
E HIBIT6
Case 5:16-cv-00053 Document 1-6 Filed 01/19/16 Page 1 of 2
LEECH TISHMAN FUSCALDO & LAMPL
August 10, 2015
Michael Lara Lara Vineyard 27490 Smithson Valley Road San Antonio, Texas 78261
San Antonio Winery's Rights in the Mark "San Antonio" Our Matter No. 7767-17018
Dear Mr. Lara:
Jeffrey G. Sheldon jsheldon@leechtishman.com
We represent San Antonio Winery, the owner of the trademark "San Antonio" for wine. San Antonio Winery has been using that mark since 1933 and owns incontestable U.S. Trademark Registration Nos. 3,258,274 and 637,838.
It has recently come to our client's attention that you have obtained label approval for labels stating "BLANCO DULCE DE SAN ANTONIO" and "BLANCO DE SAN ANTONIO Dolce" as fanciful names. We also note on the Lara Vineyard website a label shown utilizing "San Antonio" in a mark.
Our client has no objection to use of "San Antonio" as a correct statement of geographic origin. However its use as part of a trademark, such as part of a fanciful name, is an infringement of our client's rights.
Accordingly, please modify your label so that "San Antonio" is not used as part of a trademark. It is to neither party's benefit to have confusion in the marketplace. Just as you would protect Lara as a trademark, San Antonio Winery must protect its San Antonio mark.
In advance, thank you for your cooperation.
JGS/jjh cc: Client
LEECH TISHMAN FUSCALDO & LAMPL. LLP
SinC~Y1~ Jeffrey G. Sheldon
100 Corson Street. Third Floor. Pasadena. CA 91103-38421 T: 626.796.4000 I F: 626.795.6321
LEECHl
Case 5:16-cv-00053 Document 1-6 Filed 01/19/16 Page 2 of 2
Case 5:16-cv-00053 Document 1-7 Filed 01/19/16 Page 1 of 2
EXHIBIT 7
Case 5:16-cv-00053 Document 1-7 Filed 01/19/16 Page 2 of 2
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JS 44 (Rev. 12112) CIVIL COVER SHEET The JS 44 civil cover sheet and the infornlatipn contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS San Antonio Winery, Inc.
DEFENDANTS Lara Vineyard, LLC
(b) County of Residence of First Listed Plaintiff Los Angeles County, CA County of Residence of First Listed Defendant Bexar County, TX (EXCEPT IN u.s. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, alld Telephone Number)
(IN U.S. PLAINTIFF CASES ONLy)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
William H. Ford, Ford Murray, PLLC, 10001 Reunion Place, Suite 640, San Antonio, TX 78216; 210-731-6400 (SEE ATTACHMENT)
II, BASIS OF JURISDICTION (Place all "X" ill Olle BoxOllly) III, CITIZENSHIP OF PRINCIPAL PARTIES (Place an ''X'' In One Box/or Plaintiff
01 U.S. Goverrullent 03 Federal Question
Plaintiff (U.S. GOl'ernmenl Nol a Party)
02 U.S. Goverrunent l!'!I4 Diversity Defendant (Indicale Citizellship a/Parties ill Ilem III)
(For Diversity Cases Ollly) and Olle Box/or De/endant) PTF DEF PTF DEF
Citizen of This State 0 t ll!I I Incorporated or Principal Place 0 4 ll!I 4
Citizen of Another State
Citizen or Subject of a Forei Coun
of Business In This State
ll!I 2 0 2 Incorporated and Principal Place ofBusiness In Another State
o 3 0 3 Foreign Nation
l!!I 5 0 5
o 6 06
IV NATURE OF SUIT (pI ace an ''X'' 0 B 0 I~ In ne ox Illy)
CONTRACT TORTS FORFEITURFJPENALTY . BANKRUPTCY" .", OmERSTATUTES
0 110 Insurance PERSONAL IN.nJRY PERSONAL INJURY o 625 Dmg Related Seizure o 422 Appeal 28 USC 158 0 375 False Claims Act a 120 Marine o 310 Airplane o 365 Personal Injury - of Property 21 USC 881 a 423 Withdrawal o 400 State Reapportionment o 130 Miller Act o 315 Airplane Product Product Liability 06900Uler 28 USC 157 o 410 Antitrust o 140 Negotiable Instrument Liability a 367 Health Carel o 430 Banks and Banking a I SO Recovery of Overpayment a 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS o 450 Commerce
& Enforcement of Jndgment Slander Personal Injury a 820 Copyrights o 460 Deportation o 151 Medicare Act o 330 Federal Employers' Product Liability o 830Patent a 470 Racketeer Influenced and o 152 Recovery of Defaulted Liability o 368 Asbestos Personal l!'!I 840 Trademark COTnlpt Organizations
Student Loans 0340 Marine Injury Product a 480 Consumer Credit (Excludes Veterans) o 345 Marine Product Liability LABOR ·>"-'iO('JAl;RF.~TIRITY' ,', o 490 CablelSat TV
a 153 Recovery of Overpayment Liability PERSONAL PROPERTY o 710 Fair Labor Standards o 861 HIA (139511) 0 850 Securities/Commodities! of Vet era IllS Benefits a 350 Motor Vehicle a 370 Other Fraud Act a 862 Black Lung (923) Exchange
o 160 Stockholders' Suits o 355 Motor Vehicle o 371 Tmth in Lending o 720 LaborlManagement a 863 D1WCJDIWW (405(g» 0 890 Other Statutory Actions o 190 Other Contract Product Liability o 380 Other Personal Relations o 864 ssm Title XVI a 891 Agricultural Acts o 195 Contract Product Liability o 360 Other Personal Property Damage o 740 Railway Labor Act a 865 RSI (405(g» a 893 Enviroll1l1ental Matters o 196 Franchise Injury o 385 Property Damage o 751 Family and Medical 0 895 Freedom oflnformation
o 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice a 790 Other Labor Litigation 0 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS o 791 Employee Retirement FEDERAL TAX smTS' 0 899 Administrative Procedure
a 210 Land Condemnation a 440 Other Civil Rights Habeas Corpus: Income Security Act o 870 Taxes (U.S. Plaintiff ActlReview or Appeal of o 220 Foreclosure a 441 Voting o 463 Alien Detainee or Defendant) Agency Decision
o 230 Rent Lease & Ejectment o 442 Employment a 510 Motions to Vacate o 871 IRS-Third Party 0 950 Constitutionality of o 240 Torts to Land o 443 Housing! Sentence 26 USC 7609 State Statutes o 245 Tort Product Liability Accommodations o 530 General o 290 All Other Real Property o 445 Amer. wlDisabilities - o 535 Death Penalty IMMIGRATION
Employment Other: o 462 Naturalization Application a 446 Amer. wlDisabilities - a 540 Mandamus & Other o 465 Other Immigration
Other a 550 Civil Rights Actions o 448 Education o 555 Prison Condition
a 560 Civil Detainee -Conditions of Confinement
V. 0 RI G IN (place an "X" in Olle Box Only)
}il( I Original 0 2 Removed from Proceeding State Court
o 3 Remanded from Appellate Court
o 4 Reinstated or Reopened
o 5 Transferred from Another District (specifY)
o 6 Multidistrict Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cit_jurisdictional statutes unless diversify):
VI. CAUSE OF ACTION Brief description of cause: Defendant's use of trademarks infringe Plaintiffs federally registered trademarks
28 USC1338,2201,2202,1391d;15USC 1117a
VII, REQUESTED IN COMPLAINT:
o CHECK IF THIS IS A CLASS ACTIQIII DEMAND $ CHECK YES only if demanded in complaint: UNDER RULE 23, F.R.Cv.P. Declaratory Judgment JURY DEMAND: 0 Yes )!( No
VIII, RELATED CASE(S) IF ANY
DATE
01/19/2016 FOR OFFICE USE ONLY
RECEJPT# AMOUNT
(See illstructions): JUDGE
SIGNATURE OF ATTORNEY OF RECORD
William H. Ford
APPLYING IFP JUDGE
DOCKET NUMBER
MAG. JUDGE -----
Case 5:16-cv-00053 Document 1-8 Filed 01/19/16 Page 1 of 2
(c) Additional attorneys Jeffrey G. Sheldon, Leech Tishman, 100 Corson Street, Third Floor, Pasadena, CA 91103; (626) 796-4000 (pro hac vice pending)
Case 5:16-cv-00053 Document 1-8 Filed 01/19/16 Page 2 of 2
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