On .pdfconsumers 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

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


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


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


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


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)



6


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.



as a fanciful name, as a trademark, or part of a trademark dilutes the San Antonio

Marks.

THIRD CLAIM FOR RELIEF

(Unfair Competition)



7


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.



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


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


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


Respectfully submitted,

W~~kld-~ WILLIAM H. FORD State Bar No. 07246700 Direct Line: (210) 731-6306 Email: [email protected] 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: [email protected] 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


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).


FOR: RETAIL STORE SERVICES FEATURING WIKES, IK CLASS 35 (U.S. CLS. 100, 101 AND 102).


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


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).


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


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.


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


EXHIBIT 2


EXHIBIT 2 to Complaint

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EXHIBIT 3


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


EXHIBIT 4


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

:. Contact Us :. Public COLA Registry Manual :. Dov..nload Public COLA Reg istry Manual

:. COLAs Online Logon

:. 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


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 [email protected] .

If you have difficulty accessing any information in the site due to a disability, please contact us via email ([email protected]) 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


EXHIBIT 5


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


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

DEPA1'Ti\I£~T Of'

T im , 'IlE.I\SU,lll·'

While the Alco hol 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 respons ibility as to the accuracy, rel iability or completeness of furnished data. Label images contained within the Public COLA Registry may appear d iffe re ntly, with respect to type size, ch a ra cte rs pe r inch a nd contra sti ng ba ckg ro u nd, th a n a ctu a I la be Is 0 n the co nta ine r. 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 howto 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 disabil ity, please contact us via email ([email protected]) and we will do our best to make the information available to you.

This site is best v iewed 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 PENA LI TIES . 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 COLAS Version 3 .11. 5

https://www.ttbonline.gov/colasonline/\<iewColaDetails.do?acti on= publi cDi splaySearchAdvanced&ttbi d= 15183001000033 212


E HIBIT6


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 [email protected]

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



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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 -----


(c) Additional attorneys Jeffrey G. Sheldon, Leech Tishman, 100 Corson Street, Third Floor, Pasadena, CA 91103; (626) 796-4000 (pro hac vice pending)


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On .pdfconsumers 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