JaM Cellars, Inc. v. The Wine Group LLC

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAM CELLARS, INC., Case No. 19-cv-01878-HSG

8 Plaintiff, ORDER DENYING DEFENDANT'S

MOTION FOR SUMMARY

9 v. JUDGMENT

10 THE WINE GROUP LLC, Re: Dkt. No. 35, 36, 37, 42 11 Defendant.

12 Pending before the Court is Defendant’s motion for summary judgment. Dkt. No. 36 13 (“Mot.”), 38 (“Opp.”), and 43 (“Reply”). The parties also filed administrative motions to seal 14 portions of their briefs and exhibits. See Dkt. Nos. 35, 37, 42. 1 For the reasons noted below, the 15 Court DENIES Defendant’s motion for summary judgment, and the parties’ administrative 16 motions to seal. 17 I. BACKGROUND 18 Plaintiff JaM Cellars, Inc. (“JaM”) filed suit to prevent The Wine Group LLC’s (“TWG”) 19 use of “BUTTERY” to describe its FRANZIA “RICH & BUTTERY” brand. Dkt. No. 1 at ¶20. 20 JaM produced its first BUTTER Chardonnay in 2009 and released the wine in 2010. Dkt. No. 37- 21 6 (“Truchard Decl.”) at ¶2. On July 19, 2011, the United…