sellers Rival wine targeting overworked mothers are fighting over the use of the word "Mother" on their labels of wines, as a trial commenced in the Court Federal San San Francisco.
In the suit, filed Monday, California winery Clos Lachance wines asked the Court to declare that his "Mommyjuice" does not infringe the trademark of "Mother of Out Time", which is marketed by a distributor in New Jersey.
"'mommy' is a generic word that they do not have a monopoly on", said KC Branch, a lawyer representing Clos Lachance.
The owner of the "time of judgment of MOM" has refused to comment on the prosecution.
To succeed in a case of violation of trade-mark, an owner of the mark must show that it is likely that mark of a rival will create confusion in the minds of consumers.
The front label of "mommyjuice" presents a drawing of a woman juggling with a House, Teddy bears and the computer. The back label advises mothers to tuck your children in bed, sit and have a glass of Mommyjuice. Because you deserve it. "Wine is available in a white Chardonnay and Red mixed mixture.
The front label of "Of MOM Time Out," an Italian wine sold in red and white, shows an empty chair in a corner. A bottle of wine and glass to sit on a table next to the Presidency.
Trademark of conflicts between winegrowers are relatively common, said Richard Mendelson, a producer of wine from California who teaches a course on the right wine at Faculty of law, Boalt Hall in Berkeley.
"For a wine to go out on the market, it is difficult to find a name that is not in use" he said.
Mendelson also noted that the wines with "fanciful" names have proliferated as marketers try to reach new categories of clients. In recent years, winemakers have launched wines as "Fat bastard", "Cleavage Creek" and a red wine featuring a cock called "Big Red Pecker."
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