Trader Joe’s alleges that Defendant Joes Wine Inc. d/b/a/Joe’s Wine Shop and Joe’s Wine Co. (“Defendant”) has infringed and diluted the Trader Joe’s Trademarks and Trader Joe’s Trade Dress by using, inter alia, the name “Joe’s Wine Co.”, circle-shaped logos, wood paneling, cedar planks on the walls, tropical/floral designs, handmade signs, red lettering on
Ornua Foods North America v Abbey Specialty Foods LLC, 23-cv-1212 (JG:C) (SDNY September 30, 2024)
Straightforward likelihood of confusion analysis of butter trade dress from the Southern District of New York:
Plaintiff Kerrygold argues:
“Both packages use the same silver foil background and uncluttered design on a package with the same size, shape, profile
Judges tend not to go thru a full likelihood-of-confusion analysis at 12b6 but here you are.
The Court found that the WONDERFUL packaging and Defendant’s packaging do not possess “striking similarity” (sic). The Court notes that while their were similarities . . .
The handling of the third factor, channels of trade was a bit