John Welch today reports on Seattle-based Fine Spirits Distribution, LLC’s loss on summary judgment in the Trademark Trial and Appeal Board opposition proceeding that E. & J. Gallo Winery brought objecting to Fine Spirits’ application to register FALCON for distilled spirits. Gallo successfully argued that mark was likely to cause confusion with Gallo’s FALCON RIDGE trademark for wine. Central to the decision was Fine Spirits’ failure to respond to Gallo’s requests for admission (or to withdraw or amend those admissions).
As the TTABlog explains:
“These admissions established that the involved goods are ‘related and competitive,’ that the goods are ‘impulse items, sold to customers at retail,’ that such consumers ‘will assume they are related,’ and that Gallo has priority of use. The Board therefore granted the motion for summary judgment.”
In my experience, requests for admission usually are most effective when they go unanswered. Which sometimes happens.
The case cite is E. & J. Gallo Winery v. Fine Spirits Distribution, LLC, Opposition No. 91175854 (May 22, 2008) (not precedential).