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KENDALL-JACKSON WINERY v. E. & J. GALLO WINERY

No. 97-16185.

150 F.3d 1042 (1998)

KENDALL-JACKSON WINERY, LIMITED, Plaintiff-Appellant, v. E. & J. GALLO WINERY, a California corporation, dba Turning Leaf Vineyards, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1998.

Attorney(s) appearing for the Case

Frederick P. Furth (argument) and Bruce J. Wecker (brief), Furth, Fahrner & Mason, San Francisco, California, for the plaintiff-appellant.

G. Kip Edwards, Palo Alto, California, for the defendant-appellee.

Before: CHOY, PREGERSON, and BOOCHEVER, Circuit Judges.

PREGERSON, Circuit Judge:

Kendall-Jackson Winery sued E. & J. Gallo Winery for featuring on its wine labels a multicolored grape leaf design that allegedly resembles a similarly colored leaf design that Kendall-Jackson uses on its wine labels (the trademark claim)1 and for using wine bottles that mimic the overall appearance of Kendall-Jackson's wine bottles (the trade dress claim).2 Kendall-Jackson claimed...

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