E. & J. GALLO WINERY, a California corporation, Plaintiff-counter-defendant- Appellee, v. GALLO CATTLE COMPANY; MICHAEL D. GALLO; JOSEPH GALLO, Defendants-counter-claimants- Appellants, v. ERNEST GALLO; JULIO GALLO, Counter-defendants-Appellees., 967 F.2d 1280

Summary

Plaintiff was a partnership owned by two brothers who used their family name as a trademark. Plaintiff sued a third brother and his company for trademark infringement and unfair competition under 15 U.S.C.S. §§ 1114, 1125(a) as a result of the third brother's use of the family name in his own trademark. The trial court ruled for plaintiff, defendant appealed, and the court affirmed. The court examined eight factors in deciding the likelihood of consumer confusion: (1) strength of plaintiff's mark; (2) proximity or relatedness of the goods; (3) similarity of the sight, sound, and meaning of the marks; (4) evidence of actual confusion; (5) similarity of marketing channels; (6) type of the goods and degree of care consumers exercise; (7) intent of the defendant; and (8) likelihood that the parties would expand their product lines. The court found that plaintiff's mark was very strong and that defendant had intentionally tried to appropriate the strength of that mark for a complimentary ...