Mealey's IP/Tech - 9th Circuit Sides With Gallo In Dispute Over Tequila Bottle Trade Dress

SAN FRANCISCO - A California federal judge did not err in denying a motion to dismiss a declaratory judgment trade dress action because an actual controversy exists between the parties, the Ninth Circuit U.S. Court of Appeals ruled July 14 (E&J Gallo Winery v. Proximo Spirits Inc., No. 12-15905, 9th Cir.).

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