June 10, 1999

The Grapevine!

by Bob Senn
NEWS

Fess! Just a four-letter word?

Foxen Trademark Update

If you're one of the Foxen Boys, Bill Wathen or Dick Dore, owners of Foxen Vineyard, the four letter word that starts with "F" is Fess!

Foxen has filed for a temporary restraining order to preclude Fess Parker's winery from distributing, marketing, or offering for sale any wine or wine-related product that uses the FOXEN name and trademark in a misleading way, according to the winery's attorney, Andra M. Vaccaro.

On a number of occasions, Fess Parker Winery president, Eli Parker, has told the press and has said on radio news programs that their winery has stopped offering the products for sale that have co-opted the trademark "FOXEN", specifically wines labeled "Fleur de FOXEN" and "FOXEN Cuvee" pending the resolution of this matter.

Meanwhile, Fess Parker's attorneys are opposing the restraining order and are continuing to challenge Foxen's exclusive rights to its trademark and trade name.

Is this just another example of Fess trying to beat the system at someone else's cost?

As Foxen's attorney Andra Vaccaro has pointed out, if Parker Winery truly has stopped selling and offering for sale the products at issue as Eli Parker has stated, then why is Parker Winery opposing the restraining order which would simply maintain the status quo?

In fact the reason why Foxen filed for the restraining order was that, despite Parker Winery's assurances, on May 25, Foxen learned that Parker Winery had just sent out a mass mailing of gift catalogues offering the "Fleur de FOXEN" for sale!

IN OTHER NEWS . . .


SUMMER FUN, DESPITE THE WEATHER

All phone numbers are area code 805 unless otherwise specified.

Bon appetit!
 

Bob Senn writes The Independent's monthly wine column, "Grapevine," lives in the Los Alamos Valley and owns the Los Olivos Wine & Spirits Emporium.


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