Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA77253
`ESTTA Tracking number:
`04/20/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Sazerac Company, Inc.
`04/22/2006
`
`803 Jefferson Highway
`New Orleans, LA 70152
`UNITED STATES
`
`Correspondence
`information
`
`Todd S. Bontemps
`Attorney
`Cooley Godward LLP
`3000 El Camino Real 5 Palo Alto Square
`Palo Alto, CA 94306
`UNITED STATES
`trademarks@cooley.com Phone:6508435000
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`78628993
`04/20/2006
`
`Publication date
`Opposition
`Period Ends
`
`02/21/2006
`04/22/2006
`
`Fetzer Vineyards
`12901 Old River Road
`Hopland, CA 95449
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 033.
`All goods and sevices in the class are opposed, namely: Alcoholic beverages, namely, wine
`
`Attachments
`
`FetzerOpp.PDF ( 4 pages )(171183 bytes )
`
`Signature
`Name
`Date
`
`/TSB5/
`Todd S. Bontemps
`04/20/2006
`
`
`ESTTA77253
`ESTTA Tracking number:
`04/20/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Sazerac Company, Inc.
`04/22/2006
`
`803 Jefferson Highway
`New Orleans, LA 70152
`UNITED STATES
`
`Correspondence
`information
`
`Todd S. Bontemps
`Attorney
`Cooley Godward LLP
`3000 El Camino Real 5 Palo Alto Square
`Palo Alto, CA 94306
`UNITED STATES
`trademarks@cooley.com Phone:6508435000
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`78628993
`04/20/2006
`
`Publication date
`Opposition
`Period Ends
`
`02/21/2006
`04/22/2006
`
`Fetzer Vineyards
`12901 Old River Road
`Hopland, CA 95449
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 033.
`All goods and sevices in the class are opposed, namely: Alcoholic beverages, namely, wine
`
`Attachments
`
`FetzerOpp.PDF ( 4 pages )(171183 bytes )
`
`Signature
`Name
`Date
`
`/TSB5/
`Todd S. Bontemps
`04/20/2006
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of application Serial No. 78/628,993
`For the Trademark EAGLE PEAK
`
`Published in the Official Gazette on February 21, 2006
`
`Opposition No.
`
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`
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`
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`
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`
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`
`SAZERAC COMPANY, INC.
`
`Opposer,
`
`V.
`
`FETZER VINEYARDS
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposer Sazerac Company, Inc. (“Sazerac”), a Louisiana corporation having its principal
`
`place of business at 803 Jefferson Highway, New Orleans, Louisiana 70152, will be damaged by
`
`the issuance of a registration for the mark EAGLE PEAK (the “Applicant’s Mark”), as applied
`
`for in Application Serial No. 78/628,993 filed on May 12, 2005 by Applicant Fetzer Vineyards, a
`
`California corporation (“Applicant”). Sazerac, having previously been granted an extension of
`
`time to oppose Applicant’s Mark, hereby opposes same.
`
`As grounds for opposition, Sazerac alleges:
`
`1.
`
`Sazerac is a company that markets and sells a number of different types and
`
`brands of alcoholic beverages and distilled spirits, including wines. Sazerac has marketed and
`
`sold alcoholic beverages and distilled spirits in the United States for over a century.
`
`2.
`
`Sazerac owns a federal
`
`trademark registration for the EAGLE RARE mark,
`
`namely, Registration No. 1,065,407 issued May 10, 1977 in connection with “bourbon whiskey.”
`
`725357 V1/PA
`
`
`
`'7
`3.
`
`Sazerac has consistently and continually marketed and sold bourbon whiskey
`
`products under the EAGLE RARE mark since 1975. By virtue of its efforts and by virtue of the
`
`excellence of its products, the public has come to know, rely on, and recognize the EAGLE
`
`RARE mark as a source identifier for Sazerac’s products, and Sazerac has gained valuable
`
`reputation and a substantial amount of goodwill through the use and recognition of the EAGLE
`
`RARE mark.
`
`4.
`
`Upon information and belief, Sazerac alleges that Applicant filed an Application,
`
`on an intent to use basis, to register the mark EAGLE PEAK on May 12, 2005. Applicant seeks
`
`registration in connection with “alcoholic beverages, namely, wine.”
`
`5.
`
`In the Application herein opposed, there are no restrictions on trade channels, so it
`
`must be assumed that the products identified in the Application will travel through all trade
`
`channels appropriate for products of that type.
`
`6.
`
`Applicant’s Mark is likely to be confused with and mistaken for the EAGLE
`
`RARE mark because Applicant’s Mark, including its marketing and sale under the name EAGLE
`
`PEAK, is confusingly similar in sight and sound to Sazerac’s EAGLE RARE mark. Applicant’s
`
`Mark is used in connection with products that overlap with Sazerac’s products. The customers
`
`of Applicant’s wine products overlap with the customers of Sazerac’s alcoholic beverages and
`
`distilled spirits products, including bourbon whiskey. Both the online and brick and mortar
`
`channels of trade of Applicant’s products overlap with the channels of trade of Sazerac’s
`
`alcoholic beverages and distilled spirits products, including bourbon whiskey.
`
`7.
`
`If Applicant is permitted to register Applicant’s Mark for the goods specified in
`
`the Application herein opposed, confusion resulting in damage and injury to Sazerac would
`
`likely occur.
`
`Persons familiar with Sazerac’s EAGLE RARE mark would likely perceive
`
`725357 vl/PA
`
`
`
`Applicant’s products as associated or affiliated with or sponsored by Sazerac. Such confusion
`
`would inevitably result in damage to Sazerac.
`
`8.
`
`Customers of Sazerac’s products and the relevant public are
`
`likely to
`
`misapprehend Applicant’s Mark as a Sazerac mark rather than a Fetzer Vineyards mark and/or
`
`believe in error that goods offered under the EAGLE PEAK mark are offered by or in association
`
`with or under license from Sazerac.
`
`9.
`
`Any defect, objection to or fault found with Applicant’s goods marketed under the
`
`EAGLE PEAK mark would necessarily reflect on and seriously injure the reputation that Sazerac
`
`has established for its alcoholic beverage and distilled spirits products.
`
`10.
`
`Registration of Applicant’s Mark would give Applicant prima facie evidence of
`
`the Validity and ownership of Applicant’s Mark and of Applicant’s exclusive right to use
`
`Applicant’s Mark, all to the detriment of Sazerac.
`
`ll.
`
`Wherefore, Sazerac prays that this Opposition be sustained and that Application
`
`Serial No. 78/628,993 be denied and refused registration.
`
`COOLEY GODWARD LLP
`
`“.2
`
`«M
`
`Date: April 20, 2006
`
`By:
`
`725357 vl/PA
`
`v at
`
`w»
`Todd S. Bontemps, Esq.
`Attorneys for Applicant
`Five Palo Alto Square
`3000 El Camino Real
`
`!
`
`Palo Alto, California 94306-2155
`(650) 843-5000
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on April _1.Q, 2006, I mailed the foregoing NOTICE OF OPPOSITION
`
`regarding Sazerac Company, Inc. v. Fetzer Vineyards to Applicant by depositing a true and
`
`correct copy of the same with the United States Postal Service, first class mail, postage prepaid,
`
`in an envelope addressed to:
`
`David S. Gooder
`
`Brown-Forman Brands
`
`4040 Civic Center Drive, Suite 528
`
`San Rafael, California 94903
`
`Date: April1Q,2006
`
`@% Q?
`
`Delma Edwards
`
`725357 vl/PA
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