Gallo Files "Chicken" Lawsuit

Gallo Files "Chicken" Lawsuit

Source: News 10
Jan 8th

Modesto's E & J Gallo Winery is suing an online retailer for selling ceramic roosters by their Spanish name.

Texas-based Fitz and Floyd sells a line of ceramic kitchenware and figurines under the brand "Gallo de Oro," which means golden rooster in Spanish.

E & J Gallo claims use of the word infringes on its trademark, and has filed suit in Sacramento federal court seeking an injunction and monetary damages.

The wine company claims it has spent $600 million promoting its trademark since brothers Ernest and Julio Gallo formed the company in 1933.

According to the lawsuit, Fitz and Floyd refused to stop using the Gallo de Oro brand even after the company was contacted by Gallo's lawyers.

Although the wine company doesn't sell pottery, the company claims the Gallo de Oro product line dilutes the value of its name.

"Defendant's unauthorized use of the Gallo mark creates a likelihood of confusion with Gallo's marks and products," the company claims in its lawsuit.

In its court filing, Gallo says it has vigorously protected its trademark and has stopped others from using its marks on a wide variety of goods and services, from salsa and potato chips to bar towels and neckties.

In one particularly high profile case, Ernest and Julio successfully sued their brother Joseph to prevent him from marketing cheese under the family's name.

Fitz and Floyd did not immediately respond to a request for comment by News10.

Posted on Wednesday, March 26, 2008 (Archive on Wednesday, March 26, 2008)
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