Nova Wines, Inc. v. Adler Fels Winery LLC
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,…