Banfi Products Corp. v. Kendall-Jackson Winery Ltd.
United States District Court for the Eastern District of New York
74 F. Supp. 2d 188 (1999)
Kendall-Jackson Winery's (defendant's) predecessor sold a $20-25 California Sangiovese called ROBERT PEPI COLLINE DI SASSI, while Banfi Products (plaintiff) sold an $8-10 Italian Sangiovese-Cabernet blend called COL-DI-SASSO, an "everyday" wine that was critically acclaimed. Banfi sued for a declaratory judgment that its wine did not infringe Kendall-Jackson's mark; the parties stipulated there was no evidence of actual confusion, and Banfi presented evidence that wine buyers are generally sophisticated and discerning.
Whether a similar wine-name trademark infringes another mark when the marks, products, and markets differ enough that confusion as to source or association is unlikely.