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E. & J. Gallo Winery v. Consorzio del Gallo Nero

United States District Court for the Northern District of California
782 F. Supp. 457 (1991)


Facts

E. & J. Gallo Winery (Gallo) (plaintiff) was the largest winery in the country. Gallo had used its trademark “Gallo” for over 50 years and advertised its wines using the mark nationwide, with a total cost over the years of approximately $500 million. Consorzio del Gallo Nero (Gallo Nero) (defendant) was an Italian trade association that promoted wines produced in the Chianti region. Gallo Nero, aware of Gallo’s mark, made plans to begin selling wine in the United States. Gallo sued Gallo Nero for trademark infringement. Gallo Nero presented consumer survey evidence indicating that respondents could tell the difference between the parties’ wines when they were placed side-by-side, and that there was only trivial consumer confusion. Gallo moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Jensen, J.)

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