Champagne Louis Roederer v. J. Garcia Carrion, S.A.

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Date Filed	#	Document Text
August 17, 2010	351	ORDER (Written Opinion). Signed by Judge Joan N. Ericksen on August 17, 2010. (slf)
August 10, 2010	346	NON-CONFIDENTIAL FINDINGS OF FACT AND NON-CONFIDENTIAL CONCLUSIONS OF LAW (Written Opinion). Signed by Judge Joan N. Ericksen on August 10, 2010. (slf)
July 27, 2010	328	ORDER AND INJUNCTION: IT IS ORDERED THAT:1.Defendants and their agents, servants, and employees are permanently enjoined pursuant to 15 U.S.C. § 1116(a) and Minn. Stat. § 325D.45(1) from using the CRISTALINO name in connection with the manu facture, importation, distribution, advertisement, promotion, sale, or offering for sale of cava or sparkling wine except in accordance with the following conditions: a.The word CRISTALINO shall be used only as part of the phrase JAUME SERRA CRISTALI NO and only in conjunction with a prominent disclaimer stating JAUME SERRA CRISTALINO is not affiliated with, sponsored by, approved by, endorsed by, or in any way connected to Louis Roederers CRISTAL champagne or Louis Roederer;b.The phrase JAUME SE RRA CRISTALINO shall only be displayed in a font dissimilar to the Roman serif font used for the word CRISTAL on bottles of CRISTAL champagne and only when the words JAUME SERRA are displayed in close proximity to the word CRISTALINO, in the same fon t as the word CRISTALINO, and in a font size at least as large as the font size of the word CRISTALINO; andc.When used on bottles of cava, the phrase JAUME SERRA CRISTALINO shall only be used on labels having a background color other than gold if the cava is a brut, dry, extra-dry, or semi-dry and other than a pink-hued copper if the cava is a ros.2.Defendants and their agents, servants, and employees are permanently enjoined pursuant to 15 U.S.C. § 1116(a) and Minn. Stat. § 325D.45(1) from using any mark, word, or name similar to the CRISTALINO name that is likely to cause confusion, mistake, or deception with Roederers CRISTAL marks in connection with the manufacture, importation, distribution, advertisement, promotion, sale, or offering for sale of cava or sparkling wine except insofar as the use of the similar mark, word, or name complies with the conditions set forth in (1) with respect to the word CRISTALINO.3.Defendants may continue to sell their existing inventory of already-labeled bottles of CRISTALINO cava. However, pursuant to 15 U.S.C. § 1118, all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the possession of Defendants bearing the mark CRISTALINO, and all plates, molds , matrices, and other means for making the same, that do not conform with the requirements of this Order, shall be destroyed; and4.Within sixty (60) days after issuance of this Order, Defendants shall file with the Court a certification under oath detailing all efforts undertaken to comply with the requirements of (1), (2), and (3).LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Joan N. Ericksen on July 27, 2010. (slf)
February 4, 2010	292	ORDER granting in part and denying in part 228 Motion to Exclude; granting 231 Motion in Limine; granting in part and denying in part 245 Motion to Exclude; denying 251 Motion to Exclude (Written Opinion). Signed by Judge Joan N. Ericksen on February 4, 2010. (slf)

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