The Vineyard House, LLC v. Constellation Brands U.S. Operations, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 THE VINEYARD HOUSE, LLC, Case No. 19-cv-01424-YGR
Plaintiff,
ORDER DENYING MOTION FOR
v. PRELIMINARY INJUNCTION
CONSTELLATION BRANDS U.S. Re: Dkt. No.
OPERATIONS, INC.,
13 Defendant.
14 On January 7, 2020, the Court heard oral argument on plaintiff’s motion for preliminary injunction, which was fully briefed by the parties. (See Dkt. Nos. 45, 62, 71.) For the reasons stated on the record, and confirmed and stated herein, having carefully considered the briefing and arguments submitted in this matter, the Court DENIES plaintiff’s motion for a preliminary injunction. First, the Court finds at this juncture that plaintiff has failed to demonstrate a likelihood of success on the merits of its claims based on clear and convincing evidence. As a matter of law, a party cannot base a claim for false advertising on a trademark owner’s use of its own registered mark; this is so where, as here, the registrations are incontestable. …