Trek Bikes sues Trek Winery

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Permalink Reply by Stephen Todd Smith on January 24, 2010 at 11:38am

So....who is going to confuse a winery with a bicycle?? I don't like people suing over things like this. Next thing you know, they'll sue CBS for airing a show called, STAR TREK. :)

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Permalink Reply by Margie Tosch on January 24, 2010 at 11:42am

I agree!

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Permalink Reply by K. Christopher Branch on February 2, 2010 at 7:34pm

Hi, I hadn't heard this...we cover this issue extensively both for clients and in the Wine Law Class at Loyola because there are lots of businesses in wine and in other areas..the question really comes down to whether the golaith actually can make a case that consumers will be confused.(although there is an 8 point test) ;but the problem is that to defend the case, the little guy has to spend real money to defend itself and do surveys and a whole lots of work..even if they are right and they legally can use the name in theory.

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Permalink Reply by K. Christopher Branch on February 2, 2010 at 7:40pm

i can think of a winery that has the same name as a watch and a winery that has the same name as clothing company...its whether the non-winery company has become so well known that the consumer would believe that anything with that name was made by it...the shoe was on the other foot with regard to gallo and gallo meat...the gallo name was so well known beyond the wine industry, the court held that the meat company could not use the name too.. (in the case the gallo meat company guy was even part of the gallo family!)

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Permalink Reply by Andy Podshadley on March 2, 2010 at 7:07pm

Trek Winery vs. Trek Bicycle Corp.

WE WON!!!

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Permalink Reply by Stephen Todd Smith on March 2, 2010 at 7:25pm

Yeah!!

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Permalink Reply by Margie Tosch on March 2, 2010 at 9:32pm

Justice is served! Just too bad you had to go trough it....

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