Virginia kombucha maker finds itself in California wine giant’s crosshairs

Apr 26, 2016

(BizJournal) - When Ethan and Kate Zuckerman founded their kombucha company outside of Charlottesville, Virginia, in 2010, they chose the name “Barefoot” because of their ethos: They wanted to have as small an environmental footprint as possible, to “tread lightly” on the earth.

That goal is probably not surprising for a company that makes certified organic fermented tea, sometimes called mushroom tea, out of a yeast-and-bacteria colony. But their name, Barefoot Bucha, apparently was surprising to the E&J Gallo Winery, the huge California wine producer that owns more than 80 wine brands, among them — you guessed it — the Barefoot family of wines.

Now, Gallo is suing the Nelson County business over trademark infringement, saying that Barefoot Bucha’s name and logo — which features two bare feet — infringes on its Barefoot wine trademarks.

That could mean the kombucha you’ve been getting on tap at your neighborhood Whole Foods — it’s available at the four stores in D.C., five in the Maryland suburbs and eight Whole Foods Markets in Northern Virginia — could be seeing some change in the near future.

Barefoot Bucha has not yet responded to the lawsuit and did not return an email request for comment.

In its lawsuit, Gallo says “survey evidence shows that consumers are confused into thinking that defendant’s product is from, sponsored by or affiliated with Gallo’s Barefoot brand.”

The suit also points to the fact that Barefoot Bucha markets its product as a mixer for alcoholic beverages, and that it’s offered on tap near the beer taps in the Whole Foods stores, some of which are located near the wine sections.

"Gallo has been damaged and continues to be damaged by defendant's unauthorized use of Gallo's Barefoot markets in the manner described above," the suit states.


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Comments:

 

Scott
Apr 27, 2016

If the USPTO won't issue you a trademark it means you should come up with something else. Some people just don't get it. In California a group even claim that they have a trademark on "Wine Walk", a generic term, combined with the name of a place. Not only is not something that can ever be trademarked, it is out of arrogance and bad legal advice they continue to pretend they have an exclusive right to the words.

 

Mimi Moseley
Apr 27, 2016

Wow, if anything, I would think Gallo would SUPPORT this effort. The logo for BB will make Gallo's wine even more noticable. This is a shame they are making this into a lawsuit.

 
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