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13 March 2014Trademarks

US winery obtains injunction against global drinks group

A global drinks company that owns brands including Corona and Tsingtao beers has been ordered to stop selling a brand of wine after a court ruled its packaging was too similar to a US winemaker’s.

Constellation Brands was told its Rosatello wine brand was too similar to the Stella Rosa product, produced by San Antonio Winery.

The judgment, at the US District Court for the Central District of California on March 11, means Constellation Brands will have to change its packaging or stop selling the line of wines.

Both labels include the word ‘Rosa’ in similar red font and have a picture of a crown above the drink’s title.

Los Angeles-based San Antonio first filed a complaint in August last year, claiming the two products would cause confusion among consumers.

US District Judge John Kronstadt handed down the judgment.

“Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive notice of this order, are preliminarily enjoined from importing, distributing, and or selling wine or other products that are packaged and or labelled as shown,” Kronstadt wrote.

“We are pleased that the court has issued the injunction to protect the Stella Rosa trademark,” said Anthony Riboli of San Antonio Winery.

“As an historic family-owned and family-run winery, it is imperative that we maintain the integrity of our products and traditions, and we are hopeful that our brand reputation will continue to be upheld by the law.”

Constellation Brands has been contacted for comment but has not responded so far..

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