Nova Wines, Inc. v. Adler Fels Winery LLC

Good Law
467 F. Supp. 2d 965·2006 WL 3498574·85 U.S.P.Q. 2d (BNA) 1202·2006 U.S. Dist. LEXIS 87592
United States District Court, Northern District of CaliforniaDecember 4, 2006C 06-06149 MHPCalifornia8,874 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Re: Plaintiffs Motion for Preliminary Injunction

On September 29, 2006, plaintiff Nova Wines, Inc. (“Nova” or “plaintiff’) brought this action against defendants Adler Fels Winery LLC (“Adler Fels”), Saal Brown, Inc. dba Pacific Licensing (“Pacific Licensing”), Gary Saal (“Saal”), and Tom Kelly Studios, Inc. (“TKS”) (collectively “defendants”) asserting claims for trademark infringement, trade dress infringement, unfair competition and passing off. Now before the court is plaintiffs motion for a preliminary injunction. Having considered the parties’ arguments and for the reasons stated below, the court enters the following memorandum and order.

BACKGROUND

Plaintiff Nova Wines, a St. Helena, California winery, does business as Marilyn Wines and sells wines bearing photographs of Marilyn Monroe. Plaintiff has produced wine under the Marilyn Merlot brand name since 1987, the Marilyn Cabernet brand name since 1993, the Norma Jeane brand name since 1998 and the Velvet Collection brand name since 2004. Holder Dec. ¶ 6, Exhs. B-E. The Velvet Collection wine is sold either in 1.5-liter single bottles, or in a three-bottle “premium” set which includes 3-liter,…

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