Last week, Pellegrini Bros. Wines (PBW), which owns
trademarks in "Pellegrini" and "Olivet Lane Estate," accused Robert
Pellegrini of trademark infringement. Robert has served as the Director of Production,
Sales and Marketing for PBW since 1987. He is also a director / vice-president
and owns 19 percent of PBW's shares. From the Pellegrini website, a little history on the family business:
When Vincent Pellegrini passed away
in 1989, Robert, Richard and Jeanne assumed leadership of the wine business,
and decided to focus on producing estate-bottled artisan wines of the highest
quality. As part of their commitment to
the production of fine wine, in 2001 they built a state-of-the-art winemaking
facility on the Olivet Lane Estate.
So what caused PBW to go after one of its own? As with any
wine tale, the answer must begin with grapes.
According to the complaint, Robert sold over 7 tons of grapes to Meredith
Vineyard Estate (MVE) at an allegedly low price. When questioned about the
price, Robert "contended that it was the end of the season and that it was not
possible to obtain a higher price."
Later, PBW discovered that MVE had filed a Certification of
Label Approval (COLA) for a wine label with the name "R.V. Pellegrini" and "Olivet
Lane Vinyard." The label also included the Olivet Lane Vineyard's history and
stated that "R.V. Pellegrini Wines" produced the wine. As the complaint goes on
[T]he MVA COLA is for wine produced
from the pinot noir grapes ... sold to MVE for below the contracted price and
shows that Robert and MVE intended to unfairly compete with PBW by selling
wines using the PBW Marks without authorization.
PBW's Pellegrini mark has been in use since 1933; its Olivet
Lane Estate mark, since 1985.
Sign in with your Lexis.com ID to access Trademark Law resources on Lexis.com or any of these
Mathew Bender Trademark Law publications:
Click here to order Trademark Law
treatises/resources and Mathew Bender publications.
View the LexisNexis
Catalog of Legal and Professional Publications
here for a list of available LexisNexis eBooks.
Click here to learn more about
For more information about LexisNexis products and solutions connect with us through our corporate site.