JaM Cellars, Inc. v. The Wine Group LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAM CELLARS, INC., Case No. 19-cv-01878-HSG

Plaintiff, ORDER DENYING DEFENDANT'S

MOTION FOR SUMMARY

v. JUDGMENT

THE WINE GROUP LLC, Re: Dkt. No. 35, 36, 37, 42 Defendant.

Pending before the Court is Defendant’s motion for summary judgment. Dkt. No. 36 (“Mot.”), 38 (“Opp.”), and 43 (“Reply”). The parties also filed administrative motions to seal portions of their briefs and exhibits. See Dkt. Nos. 35, 37, 42. For the reasons noted below, the Court DENIES Defendant’s motion for summary judgment, and the parties’ administrative motions to seal. I. BACKGROUND Plaintiff JaM Cellars, Inc. (“JaM”) filed suit to prevent The Wine Group LLC’s (“TWG”) use of “BUTTERY” to describe its FRANZIA “RICH & BUTTERY” brand. Dkt. No. 1 at ¶20. JaM produced its first BUTTER Chardonnay in 2009 and released the wine in 2010. Dkt. No. 37- 6 (“Truchard Decl.”) at ¶2. On July 19, 2011, the United…