Barcamerica Intern. USA Trust v. Tyfield Importers, Inc.
United States Court of Appeals For the Ninth Circuit
289 F.3d 589 (2002)
- Written by Jack Newell, JD
Facts
Barcamerica International USA Trust (Barcamerica) had owned the mark “Da Vinci” since 1984. Barcamerica licensed its trademark to Renaissance Vineyards to use for five years in selling its wine. Cantine, a wine producer in Italy, produced a wine called Leonardo Da Vinci. Tyfield Importers Incorporated (Tyfield) (defendant) exported the wine to America. Barcamerica brought suit in federal district court against Tyfield and Cantine for trademark infringement. At trial, Tyfield argued that Barcamerica had abandoned the Da Vinci trademark through naked licensing. Tyfield provided evidence that Barcamerica did not regularly test the wine produced by Renaissance Vineyards, and that there was no other way that Barcamerica could know that the wine had consistent quality. Barcamerica argued that its owner tasted the wine regularly and that Renaissance Vineyards had been previously staffed by a skilled winemaker. However, this winemaker had died. The district court ruled in favor of Tyfield. Barcamerica appealed to the Ninth Circuit.
Rule of Law
Issue
Holding and Reasoning (O’Scannlain, J.)
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