They’re wining about Joe!
A New York Metropolis liquor retailer that just lately opened simply blocks away from the now-shuttered Dealer Joe’s Wine Store is cashing in on the mental property of the grocery chain and complicated clients, the retail behemoth claimed in a brand new lawsuit.
Dealer Joe’s blasted Joe’s Wine Co. for not solely sharing an analogous title however copying the aesthetic of the beloved former wine retailer in Union Sq., which closed two years in the past after employees tried to unionize, based on courtroom papers.
Regardless of different city-based companies utilizing the title “Joe,” together with Joe’s Pizza, the grocery store is demanding the family-owned enterprise change its title and pay damages, alleging its trademark is synonymous with “high-quality, inexpensive groceries and alcohol,” based on the go well with, filed on Nov. 20 in New York federal courtroom.
The title of Joe’s Wine Co., which opened over the summer season at at 113 third Ave., pays homage to the house owners’ household heritage of winemaking that dates again to Twelfth-century Spain, the corporate stated in an announcement to the Gothamist.
The title “Joseph” can also be a household title that has been handed down from era to era, the corporate contended.
“It’s exhausting sufficient to open a small enterprise in New York Metropolis nowadays with out the fixed intimidation and menace of litigation we’re receiving from Dealer Joe’s,” a spokesperson for Joe’s Wine Co. informed the outlet.
“We’re the exhausting working folks right here, actual New Yorkers, making an attempt to do one thing to honor our winemaking heritage and profit this group by providing inexpensive and high quality wine and spirits.”
Joe’s Wine Co. didn’t instantly reply to a request for remark from The Publish.
The lawsuit additionally accused the small enterprise of stealing the Dealer Joe’s coloration scheme and wooden paneling, round crimson brand and different promotional banners that provided related offers to the grocery store, together with an indication that learn “100 WINES UNDER $12.”
The liquor retailer is “actively courting client confusion,” the go well with claims, with attorneys for Dealer Joe’s insisting the corporate opted to vary its title after buying “property” of Style Wine Co., one other city-based liquor enterprise that closed in 2020.
The corporate spokesperson struck again stating the family-owned enterprise solely purchased the licensing to Style Wine.
“It simply doesn’t make sense that we amongst tons of could be picked out as being somewhat complicated when there are such a lot of pre-existing makes use of of Joe,” lawyer Alfred Zaher, who’s representing Joe’s Wine Co., stated, based on the outlet.
“The one similarities between our mark and theirs is the phrase Joe, theirs is Dealer Joe’s — Dealer is the dominant portion. Nobody is aware of them as Joe.”
He added that the alleged coloration scheme and round brand used previous to opening have since been changed with a wooded brown signal with the circle omitted.
Dealer Joe’s presently operates 10 shops in Manhattan, together with one positioned three blocks away from Joe’s Wine Co. on 14th Avenue.
Supply hyperlink
