A name dispute has been settled between Jamieson Ranch Vineyards of California and the more famous Jameson Irish Whiskey. The legal battle over their similar names was dropped when Jamieson convinced Jameson that it had no plans to ever make spirits.
The case originated in February when Jameson sent Jameison a cease-and-desist order. The Irish whiskey company believed that the names caused confusion and would put a dent into its profits. The winery fired back with a declaratory suit. Then the whiskey company retaliated with a charge of trademark infringement. The details of the settlement have not yet been revealed.
A declaratory suit is filed for a declaratory judgment case. These cases generally do not award any damages or provide any enforcement, but they do give a binding legal judgment on what the rights and responsibilities are for both parties. Courts may choose not to pick up these cases until it is obvious that one side may incur losses.
In the case above, the declaratory suit provoked Jameson to up the ante by charging Jameison with trademark infringement. Names are important to businesses, and competing with a company with a similar name can cause confusion among customers and sometimes impact profits. Fortunately, these companies were able to settle their case before any considerable damage was done to either one.
The trademark attorneys at Klein Trial Lawyers can help you settle your dispute in or out of the courtroom. We have two decades of experience in business litigation in the Los Angeles area.
[Did You Know? From 1978 to 2006, Apple Corps and Apple Computer were involved in several legal disputes because of their similar names.]
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