Charles Jacquin Et Cie, Inc. v. Destileria Serralles, Inc.

Charles Jacquin Et Cie, Inc. (plaintiff), a Pennsylvania liquor maker, used a distinctive tapered bottle for its cordials in most of its advertising. Destileria Serralles, Inc. (DSI) (defendant), a Puerto Rico rum-schnapps maker, sold its Don Juan line in a similarly shaped tapered bottle, distributed through Crown Marketing International in several states. Jacquin sued DSI and Crown for trade-dress infringement under the Lanham Act, showing sales in eight states but exceeding three percent of cordial-market sales in only three, and offering no evidence its bottle had secondary meaning outside the cordials market. A jury found infringement, and the district court limited the injunction to Pennsylvania (where Jacquin's market penetration was highest) and to cordials and specialties. Jacquin appealed the geographic and product-category limits.