Delicato Vineyards has filed a lawsuit in the U.S. District Court for the Northern District of California against Chile’s Vina Concha Y Toro for alleged trademark infringement.
The plaintiff alleges that the defendant is using its trademark as imagery on Concha Y Toro’s Frontera labels and packaging without permission or authorization.
According to the lawsuit, Delicato claim that it owns the Nighthawk by Bota launched in 2015; Nighthawk Black; and Nighthawk Gold trademarks.
The plaintiff reportedly said that the trademark infringement was noticed after Concha Y Toro redesigned its Frontera labels and packaging to launch a 3-liter box wine.
The plaintiff reportedly said that the design of the Frontera’s boxed wine incorporated key elements of Nighthawk’s trade dress, a bird of prey, evening or night sky, and mountainous background.
The plaintiff alleges that the design is identical and is likely to cause confusion or consumers believing that the defendants are affiliated or associated with Delicato and have been authorized or licensed to use the Nighthawk Trademarks or Designs in connection with the sale or offering for sale of any goods or services.
The plaintiff reportedly said that a cease and desist letter was sent to the defendants but they failed to cease their infringing activities.
The plaintiff is suing the defendants of trademark infringement, trademark dilution, and unfair competition.
The plaintiff is seeking a permanent injunction and payment of unspecified damages and hand over profits from the sales of Frontera wine sold in packaging with the allegedly infringing design and other relief.
The case is ongoing.
Delicato Vineyards v. VIA CONCHA Y TORO S.A. et al
| Judge: | Thomas S Hixson |
| Court: | California Northern District Court |
| Case #: | 3:21-cv-01787 |
| Nature of Suit: | Trademark |
| Cause: | Trademark Infringement |
| Case Filed: | Mar 15, 2021 |
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