Since zombies seem to be all the rage in films these days, we wanted to take this opportunity to give some equal time to vampires. It’s not often you read a trademark story related to vampires, but we’ve got one.
TI Beverage Group Ltd. markets wine under the name Vampire Vineyards, with labels including Vampire, Dracula, Chateau du Vampire, and Trueblood. TI is suing a Missouri company called Terra Firma USA Inc., which distributes Romanian wine in the U.S., for trademark infringement over a wine called Dracula’s Blood. (Transylvania, the region heavily associated with vampires thanks to Bram Stoker’s ‘Dracula,’ happens to be part of Romania.)
Now back to trademarks … TI claims it presented the idea of Dracula’s Blood wine to Terra Firma, who turned it down because it “did not want to sell a Halloween wine.” It turns out that Terra Firma is doing almost that very thing — it’s selling a wine called Dracula’s Bloodlust. TI owns the trademark registration for Dracula’s Blood — here’s a copy of the record from the Corsearch platform:
Besides the trademark infringement and likelihood of customer confusion, TI goes on to claim that Terra Firma’s wine “has a garish label and is a cheap wine that comes from a region that to most people has a reputation for making poor quality wines.”
Which side do you think will prevail?