Moet & Chandon sells ICE IMPERIAL champagne, ‘the first champagne specifically developed to be served on ice.’ Defendant sells DEPREVILLE ICE champagne. This is a description of plaintiff’s federal registration for its trade dress:
The color(s) white, gold, silver and black is/are claimed as a feature of the mark. The mark consists of a three-dimensional bottle design. The bottle is white. There is a silver diamond pattern at the base of the bottle. The silver diamonds become increasingly smaller as they go up the bottle, turning into silver dots and gradually fading into solid white. The foil on the top of the bottle is white with an embossed diamond-like pattern. The word “MOET” appears vertically in gold on the neck of the bottle. Above the word “MOET”, there is a gold star. Underneath the word “MOET”, there is a ribbon design in black with gold trim around the neck of the bottle. Where the ribbon crosses, there is a circular gold seal featuring the words “MOET & CHANDON EPERNAY FRANCE”, a stylized crown design, and “1743”, all in black. At the base of the bottle, there is a rectangular white label with the words “MOET & CHANDON ICE IMPERIAL” in black in the center. Above the words “MOET & CHANDON ICE IMPERIAL” on the label is a gold crown design, and underneath the words is a gold star. There is a thin gold band at the top of the bottle label, and there is a thick gold band at the bottom of the bottle label.