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20 April 2015Trademarks

Moët Hennessy targeted in ‘Delice’ trademark row

A Californian winery has accused multinational conglomerate Moët Hennessy of trademark infringement over a wine brand it launched last year.

In a complaint filed at the US District Court for the Central District of California, Joseph Phelps Vineyards accused Moët Hennessy’s Délice brand of infringing a trademark it owns for ‘Delice’.

Joseph Phelps, based in the Napa Valley area of California, claimed to have sold millions of dollars worth of its Delice wine over several years, and that Moët’s brand, which was launched in November last year, is “confusingly similar”.

According to drinks industry news website The Drinks Business, Joseph Phelps said in the complaint that the only difference between the two marks was the addition of an accent on the ‘e’ in Moët Hennessy’s brand.

“Defendant’s Délice product name is confusingly similar, and essentially identical to, the Joseph Phelps ‘Delice’ mark, given that their product name incorporates the entirety of the ‘Delice’ mark,” the complaint said.

In the complaint, filed on Thursday (April 16), Joseph Phelps claimed Moët has acted in a “malicious” manner and accused the company of trying to “invalidate” its trademark, according to the website.

According to the US Patent and Trademark Office’s website, Moët Hennessy filed a trademark for ‘Délice’ on June 5, 2014. A decision on the application has not yet been published.

Joseph Phelps is seeking damages and legal fees.

Last Wednesday, the founder of the winery, Joseph Phelps, died aged 87.

Moët Hennessy, also known as LVMH, was formed by the 1987 merger of fashion house Louis Vuitton and Moët Hennessy, which itself had been created following the 1971 merger of champagne producer Moët & Chandon and cognac manufacturer Hennessy.

Moët Hennessy did not respond to a request for comment.

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