Analysis Group Works with Constellation Brands’ Mondavi Winery in Trademark Infringement Suit

February 12, 2021

Analysis Group was retained to work with Constellation Brands U.S. Operations, the defendant in a trademark infringement suit brought by The Vineyard House, a small California winery. At issue was the term “To Kalon,” used by Mondavi Winery, a Constellation Brands subsidiary. The term “To Kalon,” from the Greek for “Highest Good” or “Highest Beauty,” was associated in the late 19th century with H.W. Crabb’s To Kalon vineyard and related brand. In 1939, the To Kalon vineyard ceased operations, and in 1988, the Mondavi Winery trademarked “To Kalon” for use on its wines. Claiming association with Mr. Crabb’s former vineyard, The Vineyard House filed suit against Constellation and demanded use of “To Kalon” for its own marketing.

Following a seven-day bench trial in the US District Court in the Northern District of California, the judge ruled in favor of Constellation, finding no basis for the plaintiff’s claims.

During the trial, Analysis Group Managing Principal John C. Jarosz provided trial testimony to assess damages. Affiliated expert David J. Reibstein was deposed on the historical and current use of “To Kalon.” An Analysis Group team that included Principal Robert L. Vigil, Consultant Daria Z. Killebrew, and Vice President Anna Gumen supported the two experts in their analyses.