E. & J. Gallo Winery v. Consorzio del Gallo Nero
United States District Court for the Northern District of California
782 F. Supp. 457 (1991)
E. & J. Gallo Winery (plaintiff), the nation's largest winery, had used and heavily advertised its "Gallo" mark for decades; Consorzio del Gallo Nero (defendant), an Italian trade association promoting Chianti wines, planned to begin U.S. sales under the name "Gallo Nero" despite knowing of Gallo's mark. Gallo Nero's own consumer survey showed respondents could distinguish the wines side-by-side with only trivial confusion, and Gallo moved for summary judgment on its infringement claim.
Whether, to maintain a trademark infringement suit, the plaintiff must show that the defendant's use of the registered mark is likely to cause confusion as to the association of the parties or the origin of the goods or services.