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Jan 7, 2014 08:07 AM

Duckhorn sues rival over duck wine label

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  1. Oh MY! Oh Gosh! Oh Mighty! What a strong resemblance. I can hardly tell them apart. The likeness is totally uncanny.

    Duckhorn reminds me of the Goats du Roam lawsuit. I hope Duckhorn has plenty of cash to pay for all the lawyers.

    1 Reply

      Actually, I'm sure that they BOTH do . . .

      Rather than Goats du Roam, however, I'm reminded of when the Domaine de la Romanée-Conti sued tiny Hoffman Mountain Ranch over their generic "Burgundy."

    2. Maybe the ASPCD should sue them both.

      1. Honestly, if I was the president of that company, I'd really not want to admit in writing that I thought people might confuse those hilariously hideous Duck Commander labels with my own.

        1. I have read that the legal requirement of maintaining a trademark is to file suit over even the slightest hint of an infringement. If you let anyone, no matter how small, violate your trademark without challenge, you lose your standing for defending that TM in court. All a new defendant needs to do is to point out instances where you have let it slide, and they can claim that it is not defended. I don't think Duckhorn had a choice legally.

          2 Replies
          1. re: maria lorraine

            That is correct and is part of the grand stupidity that is our patent/trademark law.

            1. re: maria lorraine

              Exactly right. You really have to be aggressive about it or you risk vulnerability. This specific case, though, does seem pretty silly except for the likelihood that Duck Commander could get very big and it's volume could increase that vulnerability.