Kendall-Jackson Winery, Limited v. E. & J. Gallo Winery, a California Corporation, Dba Turning Leaf Vineyards

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that an image of a grape leaf on a wine bottle was not itself a protectable mark because it cannot serve to distinguish between brands
• stating that “[bjecause the grape leaf is used widely in the industry, it has lost the power to differentiate brands”
• stating that whether it be a trademark or a trade dress claim, a plaintiff must meet three basic elements: (1) distinctiveness, (2) nonfunctionality, and (3) likelihood of confusion
• noting that a “particular rendering of a grape leaf’ might be source-identifying and therefore protectable, but that no “distinctive” feature of the plaintiffs rendering had been duplicated by the defendant
• affirming summary judgment that 3 grape leaves are generic emblem for wine and not entitled to trademark or trade dress protection
• providing as examples \Air Care\ for a service that maintains medical equipment used for administering oxygen and \Anti-Washboard\ for a soap that makes scrubbing unnecessary when washing clothes

Source: CourtListener parenthetical corpus (CC0).