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Wine for Mommy? Fight Brews in Mommy Wine Market

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By Stephanie Rabiner, Esq. on April 22, 2011 6:43 AM

In recent years, vineyards have been marketing wines towards specific demographics with hopes to sell more wine.

Well, they've officially set their sights on the "mommy market," and they're not being very nice about it.

Makers of "MommyJuice" have filed suit in a San Francisco court requesting that a judge declare that their wine does not violate the trademark of another mommy wine, "Mommy's Time Out."

Besides their names and the fact that both come in white and red, the similarity between the two wines isn't particularly extensive.

MommyJuice is made and marketed by California's Clos Lachance Wines while Mommy's Time Out is distributed by a New Jersey company.

MommyJuice is marketed with a label depicting a woman juggling a house, teddy bear, kitchen utensils and a computer, while Mommy's Time Out is a bit on the plain side, only showing an empty chair facing a corner.

Trademark infringement requires evidence that customers are or will be deceived or confused by similarities between two marks. Ordinarily, courts also take into consideration the products and their overall look and marketing scheme.

Even though the company is correct that "mommy" is a generic term, it's arguable that the placement of the word on a wine bottle and in the wine's name can be deceiving to customers who are looking for "that mommy wine."

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