Our IP team advises clients on the adoption and availability of trade names, trademarks and service marks, and files and prosecutes applications for the registration of marks in the Patent and Trademark Office and the registration of copyrights in the Copyright Office. Attorneys in the group represent clients before the Patent and Trademark Office in opposing and canceling the trademark applications and registrations of third parties

We counsel clients on protection strategies for intellectual properties and trade secrets, assessment of unfair competition issues, legal advice and representation on the acquisition and licensing of intellectual property, and counseling on Internet domain name and false advertising issues.

Our attorneys have represented wineries and vineyards, as well as brewers and spirits producers, in a wide array of specialized IP issues, such as branding, geographical indications, vineyard designations, and protection of label designs and bottle and packaging configurations. Attorneys in our IP group routinely collaborate with the firm’s Alcohol Beverage Law & Compliance, Wine Law, and Business Law groups in matters pertaining to issues in the wine/spirits industry.

We police and enforce the intellectual property rights of our clients against infringement by third parties and defend clients against such infringement claims by others. Our attorneys have represented clients in litigation related to copyright, trademark, trade dress and certification mark infringement, false advertising, unfair competition, and violation of trade secrets in California state courts and in federal courts throughout the United States.

DP&F maintains a network of international associates for the purpose of pursuing trademark registrations and the protection of our clients’ intellectual property around the world. By utilizing the most advanced proprietary database systems available in the industry, we are able to provide our clients with seamless management and maintenance of their intellectual property dockets.

Management of Sutter Home Winery Trademark Portfolio – All of Sutter Home Winery’s trademarks are cleared, maintained and enforced by DP&F’s IP Department.  DP&F maintains the U.S portfolio of over 150 trademarks for Sutter Home and is also responsible for maintenance of the company’s trademarks in over 50 foreign countries.  DP&F is also responsible for Sutter Home’s trademark enforcement and has represented the company in infringement actions in federal court and inter partes proceedings before the USPTO.

Accolade Acquisition of Ascentia Brands – DP&F’s IP Dept. represented Accolade Wines North America in due diligence related to acquisition of the GEYSER PEAK, ATLAS PEAK and XY ZIN wine brands from Ascentia Wine Estates.  The DP&F IP Dept. also assisted the firm’s business department with the preparation of the Asset Purchase Agreement for the intellectual property related to the brands.  The IP Dept. is also responsible for maintaining the trademark portfolio for all of Accolade’s brands in the United States, including for Accolade’s interests in Australia, New Zealand, South Africa and Europe.

Inter Partes Judgment in Favor of Joel Gott Wines – In 2013, DP&F obtained a judgment in favor of Joel Gott Wines before the USPTO Trademark Trial and Appeals Board (“TTAB”).  DP&F, on behalf of Joel Gott Wines, owner of the marks GOTT and JOEL GOTT for wine, opposed the trademark application for GOTT LIGHT and Design for water.  The TTAB ruled in Joel Gott Wines’ favor finding the marks to be confusingly similar and refused registration of the GOTT LIGHT and Design mark for water.  See Joel Gott Wines, LLC v. Rehoboth Von Gott, Inc., 107 USPQ2d 1424 (TTAB 2013)

Successful Representation of Thomas Keller Restaurant Group – TK Management of Thomas Keller Restaurant Group (“TKRG”) is owner of the famous mark BOUCHON for restaurant services and various food products sold through Williams-Sonoma stores.  When a Richmond, Virginia restaurant opened under the identical name and mark BOUCHON and refused repeated requests to cease use, DP&F initiated an infringement action in the Eastern District of Virginia on behalf of TKRG and successfully resolved the dispute with the Virginia restaurant agreeing to change its name.

06/01/23

Attention Online Content Creators...

05/11/23

The Caribbean is Calling

01/10/23

FTC Issues Proposed Non-Compete Ban To Spur Employee Mobility Aligning with Existing California Law

05/17/22

The Metaverse and Your Wine Brands

09/22/21

"Trademark Issues Are Bubbling Up Around Hard Seltzer" by Joy Durand Published by North Bay Business Journal

03/22/21

USPTO Celebrating Women in Wine and IP