Comments on: Gallo’s humor (or lack thereof)

By: rooibos

rooibos — Thu, 25 Jun 2009 12:35:34 +0000

Here in South Africa we have an oufit called Laugh-it-off that delights in printing T-Shirts with tweaked logos ridiculing big companies like Gallo. They then get sued and the court case is given huge publicity in the press, to the detriment of the big companies. Of course Laugh-it-off has no assets so even if damages are awarded the big loser will be the big company. I suggest you fellows do the same and hit Gallo where it hurts – their pride and their reputation.

By: El Jefe

El Jefe — Mon, 01 Jun 2009 20:38:51 +0000

Indeed it is a money issue. At the other end of the spectrum is my winery with an established brand name that is now being infringed by a very large winemaking company that didn’t even bother to file for a trademark. All I can really do is try to out-brand them.

By: Warren Edwardes

Warren Edwardes — Sun, 31 May 2009 10:03:58 +0000

It is worth repeating the message that trademark law protects those with the large legal budget. Defending a trademark against a big budget infringer can cost a lot of money.

I have found that a small firm with a trademark (in The UK) needs to put quite a bit of money on the table before considering defending a trademark infringement by large firm with a large legal budget.

From this case it looks like the solution is good PR and the use of the media.

I am sure that very many more people now know of plucky Seattle based Spanish Kitchen

By: Joel Goldberg

Joel Goldberg — Sat, 23 May 2009 12:41:36 +0000

Kathy, it probably bears repeating that these battles frequently don’t revolve over who’s in the legal right, but who has the deeper pockets to support years of litigation. That’s the American Way — and why you’ll so often see the small guy fold at the first sight of a “lawyer letter” from someone like Gallo.

By: Kathy

Kathy — Sat, 23 May 2009 12:32:04 +0000

Rick:

As you teach a trademark course, you must have an excellent understanding of all the issues involved. Since it is not wine related can Gallo legally stop the store in Seattle from selling Gallo pasta?

By: Rick

Rick — Sat, 23 May 2009 07:39:51 +0000

I found Tish’s comment regarding a “Gallo Nero” shop in Manhattan of interest. I teach a trademark course using a 1991 case in which E&J stopped the US use of “Consorzio del Gallo Nero” by an Italian organization promoting Chianti Classico. If that Manhattan “Gallo Nero” is in any way connected with alcohol, they better have a good trademark lawyer on speed-dial.

By: Victor Honoré

Victor Honoré — Tue, 19 May 2009 20:35:07 +0000

Interesting to see what will happen with their relationship with the Catena winery, who had given Gallo US distribution rights of their Alamos brand and a year earlier Gallo had agreed to also distribute Catena´s Escorihuela Gascon brand.
Now that Catena announced today that they are moving to NJ importer Winebow, it will be interesting to see where this leaves Gallo. The press release did not announce which brands were moving over to Winebow.
The clear loser here has to be Catena´s old importer, Billington.

By: tish

tish — Tue, 19 May 2009 16:37:02 +0000

There is a shop called Gallo Nero in Manhattan. Big Chianti-like black rooster in red circle sign handing out front. 54th street? Think it may even be a wine bar. Pray for their safe passage…

By: bikeman

bikeman — Tue, 19 May 2009 13:29:36 +0000

What about Gallo, the national beer of Guatamala? It even has a rooster on the label.

By: Joey

Joey — Wed, 13 May 2009 05:58:27 +0000

Gallo issue a similar warning to a Spanish winery that had a very small production white wine named Gallocanta (Rooster cackle/sings). They had to change the name to Que lindo cacareaba (How beautiful it cackled).

What a waste of time and money!

By: Esteban

Esteban — Tue, 12 May 2009 19:34:38 +0000

Marvin, who’s “Marque”? Or are you referring to trademarks (or marques?)

It’s so hard to keep track of whom you’re actually insulting.

By: Marvin James

Marvin James — Tue, 12 May 2009 18:17:31 +0000

Uh…

“Marque”… not “Mark”.

You are an idiot.

By: Joel Goldberg

Joel Goldberg — Tue, 12 May 2009 14:48:19 +0000

It isn’t only the big guys who play this game. Here in Michigan, where we have lots of spare shekels to lavish on lawyers, Leelanau Cellars squabbled in court for years over the use of a Peninsula’s name by Chateau de Leelanau. And an ongoing case pits Chateau Grand Traverse against Grand Traverse Distillery over naming rights for a bay that’s bigger than the both of ‘em.

By: Mark Ashley

Mark Ashley — Tue, 12 May 2009 14:04:00 +0000

Dante, how does an artist who makes pottery roosters damage the Gallo brand? Is that really an infringement of Gallo’s intellectual property?

Since you’re name is Dante: Perhaps the heirs of the author of Inferno should sue you and everyone with the same name for using their brand? Absurd, right? How would that be any different from what Gallo is doing here?

By: Dante

Dante — Tue, 12 May 2009 13:51:36 +0000

What you fail to mention in your article is the issues and legalities surrounding trademarks. One of the main issues with a trademark is that you must vehemently and aggressively fight for your trademarks in order to protect them otherwise you make yourself very susceptible to losing your marks for an obvious infringement down the line. I suggest you interview a trademark attorney on this and they will show you that it’s not the Gallo’s that are being goofy it is the trademark law that is goofy. In order to preserve and protect your trademark you must act in a consistent and timely matter otherwise in time you will lose your trademark. Of course, the depth and understanding of issues is certainly lost in today’s world of headlines and blogs when anyone can just gloss over a story and come to an “educated” conclusion. Thanks for taking part in the dumbing down of society Dr. Vino.