Sazerac Co. v. Fetzer Vineyards, Inc.

ORDER ON FETZER’S MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

Plaintiffs Sazarac Company, Inc. and Sa-zarac Brands, LLC (collectively, “Saze-rac”) brought this action for federal trademark and trade dress infringement and unfair competition against Fetzer Vineyards, Inc. (“Fetzer”). Sazerac alleges that Fetzer’s 1000 Stories Zinfandel buffalo mark and trade dress infringe its BUFFALO TRACE word mark, Buffalo Logos, and trade dress for its BUFFALO TRACE bourbon whiskey. Fetzer moves for summary judgment on all of Sazerac’s claims, on the grounds that they are necessarily predicated on Sazerac asserting rights over the generic term “bourbon,” which it cannot do, and because Sazerac has failed to demonstrate a likelihood of confusion. But Fetzer mischaracterizes Sazerac’s claims and overlooks its evidence. Sazerac has demonstrated a triable issue whether consumers are likely to be confused by Fetzer’s buffalo and trade dress on its 1000 Stories Zinfandel. But because Sazerac failed to disclose properly how it would prove any monetary dam *1294 ages, it is not entitled to -recover them. Fetzer’s motion for summary judgment is GRANTED concerning Sazerac’s ability to recover monetary…