Duckhorn Vineyards Vs. Duck Commander Wine in Trademark Infringement Suit

by T+B Blog Team on January 2, 2014

Napa Valley winery Duckhorn Vineyards has filed a trademark infringement lawsuit against Trinchero Family Estates, Duck Commander, Inc., and Wal-Mart over Duck Commander wine.

Duck Commander wine is one of many product offshoots from the popular American television reality show, ‘Duck Dynasty.’ The program follows the Robertson family and its “Duck Commander” business, which makes products for duck hunters. Duck Commander wines retail for $9.99 at Wal-Mart, where Duckhorn Vineyards’ wines are sold at a significantly higher price.

The Duckhorn Wine Company was co-founded by Dan and Margaret Duckhorn back in 1976. Duckhorn wines were served at President Barack Obama’s first inaugural luncheon. A Duckhorn company statement said: “The case for confusion or dilution is compelling and concerning, given that many key U.S. retailers shelve wines alphabetically, meaning that Decoy by Duckhorn, Duck Commander, and Duckhorn Vineyards wines could be placed side by side. Duck Commander wines are also produced in our hometown of St. Helena (as indicated on their bottle) causing further potential confusion.”

Duck Commander, founded in 1972, responded that Duckhorn has no claim to the word “duck.” Take a look at the court filing and the labels below—do you see a likelihood of confusion?

duckhornDuckCommander

 

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