The struggle of [yellow tail] for its original animal label
Wine trademark litigation ‘Wallaby vs Kangaroo’
[yellow tail] (left) / Little Roo (right) [Photo provided = Asia Business Daily]
In February 2011 [yellow tail] a wine manufacturer who uses the wallaby-shaped logo filed a lawsuit against Little Roo and its kangaroo label for trademark infringement.
John Casella executive director of Casella Wines the manufacturer of [Yellow Tail] said that the side face of a jumping kangaroo on a rivals label is almost the same as the yellow feet wallaby attached to a [Yellow Tail] bottle. Also Casella has already registered several trademarks of wallaby to the United States Patent and Trademark Office (USPTO).
David Kent president of The Wine Group the second-largest supplier of wine in the United States and the manufacturer of Little Roo said that Little Roo label is characterized by the head baby gray kangaroo out of the pocket. He argues that the labels of the two companies are significantly different.
Casella Wine also claimed that the brand value of [Yellow Tail] is being depreciated because of Little Roos low price policy. They said that kangaroos and wallabies may be different academically but the important thing is that they look the same. They also added that not only using the similar animals but the labels using yellow and black colors may also be misleading.
Wine vendors and consumers mostly disagreed with Little Rous claim. Both Casella and Little Rou said they wanted to resolve the issue through mutual agreement. Constant efforts should be made to protect rights of companies such as trademarks containing identity.
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