Sazerac Co. v. Fetzer Vineyards, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

INTRODUCTION

I conducted a bench trial from June 26-30, 2017 on plaintiff Sazerac Company, Inc.’s (“Sazerac”) trademark and trade dress infringement case against Fetzer Vineyards (“Fetzer”), and heard closing argument on August 14, 2017. In the final analysis, this case was not close. Sazerac claimed that Fetzer’s trade dress on its 1000 Stories red zinfandel wine infringed the trade dress of Sazerac’s Buffalo Trace bourbon. But it did not establish that Buffalo Trace bourbon’s trade dress was similar to 1000 Stories wine’s. It did not establish that Fetzer intended to infringe at the creation of its product or in its marketing. There was no evidence of actual confusion between the products. Fetzer’s expert’s analysis using a modified Eveready survey was far superior to the two room survey employed by Sazerac’s expert. The primary point of alleged confusion, the buffalo depicted on each label, is used on numerous other alcoholic beverages. Sazerac did not establish that Buffalo Trace acquired secondary meaning, and consideration of the Sleekcmfi factors would also doom its claim. At the conclusion of these Findings of Fact and Conclusions…