Word: jacksons
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Dates: during 1990-1999
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When Turning Leaf hit the shelves in September 1995, the only hint of its origin was the Modesto, California, address; the word Gallo was nowhere to be found. Boosted by advertising, the wine sold 1.3 million cases in 1996, second to Kendall-Jackson. In April 1996, after hearing complaints that consumers thought Turning Leaf was his product, Jackson sued...
...court, Gallo officials insisted that Turning Leaf, with its lower price, was aimed at a different market from Vintner's Reserve. And they strenuously denied copying Kendall-Jackson or anyone else. They pointed to the dozens of bottles on exhibit--so many that the courtroom looked more like a tasting room than a legal chamber--to argue that Kendall-Jackson's look was neither unique nor distinctive...
...Jackson, 67, and Gallo, 88, are well matched; both are stubborn and litigious. Jackson once sued his winemaker to keep him from divulging "trade secrets," and Gallo sued his own brother to prevent him from using the family name on a line of cheeses. "It's rare that you have the right combination of ego, money and enough at stake so that neither side is willing to compromise," says San Francisco trademark expert Melville Owen. "I don't think we'll see this kind of case again for 10 or 20 years...
Although Gallo didn't testify at the trial, Jackson did, and he lived up to his combative reputation. Asked why he didn't just pick up the phone and ask Gallo to change his design, he said it would have been "useless" to try. "Frankly, given his reputation, I didn't trust whatever he'd answer anyway." Jackson's flamboyant attorney, Fred Furth, a towering figure who strolled the courtroom corridors chewing on an unlit cigar the size of a flashlight, constantly jabbed at Gallo's "jug wine" reputation and drew a rebuke from the judge when he derided Gallo...
...marketing happens in nearly every product category--think "ice" beer and "lite" everything. But there is a point when imitation becomes more than flattery. If Gallo is found guilty, it could be forced to redesign its Turning Leaf packaging and turn over millions in profits to Kendall-Jackson...