David P. Miranda successfully represents Napa Valley winemaker in trademark litigation

In CHURCHILL CELLARS, INC. v. BRIAN GRAHAM, 2012 WL 5493578 (Trademark Tr. & App. Bd. 2012), David P. Miranda and Alana M. Fuierer successfully represented trademark applicant, a Napa Valley winemaker, in USPTO Trademark Opposition Proceeding involving the trademark PARLAY for wine. The parties were using virtually identical marks, i.e., PARLAY, for identical goods, namely wine. Both Applicant’™s wine and Opposer’™s wine are available to all classes of purchasers in all channels of trade that are customary.  The firm successfully established on Summary Judgment that its client the Applicant, had priority use of the PARLAY mark and that technical irregularities in filings with the Department of Treasury Alcohol and Tobacco Tax and Trade Bureau were not sufficient to deny trademark Applicant’s rights to mark for wine.