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August 30, 2002Leelanau label lamentTrademark ruling forces winery changesBy STACEY SMITHRecord-Eagle staff writer SUTTONS BAY - The wine bottle labels at Chateau De Leelanau look funny. Black marker is scratched across both the front and back. A federal judge has ruled that the word "Leelanau" when used in conjunction with the winery's label is a trademark infringement, so workers at the Leelanau County business have been busy with other tasks besides making wine. The sign at Chateau De Leelanau has been changed. Some merchandise has been removed. And, of course, some wine bottle labels have been changed. "Actually, what we've done is taken a black marker and removed Leelanau from our name, front and back label," tasting room manager Bonnie Supina said. "I can't tell you how many bottles we've marked, and there are thousands more in the cellar." U.S. District Court Judge Gordon J. Quist ruled Aug. 13 that Leelanau Cellars Ltd. holds a trademark for the word "Leelanau" when used in conjunction with a wine label. So Chateau De Leelanau must change its name, wine labels and other merchandise and may be ordered to pay damages to Leelanau Cellars. Attorneys for both wineries were in court Thursday for a hearing on possible damages. Leelanau Cellars filed the federal lawsuit last year. The lawsuit claimed the similarity in names of the wineries cost Leelanau Cellars business by making customers believe the two wineries were related. The ruling has left many of Leelanau County's other 10 wineries concerned, particularly those who use "Leelanau" in some fashion or another. "It's been the subject of 50 percent of my phone conversations for the last three days," said Larry Mawby, a winery owner and secretary of the Leelanau Vintners Association. Mawby said he had planned to market a line of wines called Domains Leelanau, but that may not be possible now. "If the judge's ruling stands, if the trademark stands as it is now, it's potentially very difficult for other wineries in the area to have Leelanau in the name," Mawby said. Mawby said he believes the trademark office erred when the Leelanau Cellars trademark was issued. The trademark may be restricted to allow other wineries to use Leelanau in names and brands after this lawsuit, Mawby said. Supina of Chateau De Leelanau said community members, retailers and other winery owners have been supportive of her winery, which is in the process of changing its name to the name of its parent company, Black & Red Inc. "The support of the community has just been overwhelming," Supina said. At least one area retailer has decided to pull Leelanau Cellars wine from his shelves. Suttons Bay grocer Dave Hansen said he recently quit selling the plaintiff's wine, though he declined to elaborate much as to why. "Everyone can decide what kind of wine they want to drink and we can decide what kind of wine we want to sell, because there's a whole lot of wine out there," Hansen said. Stacey Smith is the reporter for Leelanau, Manistee and Benzie counties. She can be reached at (231) 933-1408, or at ssmith@record-eagle.com |
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