Coq au vin?

The IPKat was bemused to learn from News10.net that winemakers E & J Gallo are suing the makers of ceramic chickens for trade mark dilution. The said chickens, together with a range of kitchenware, are being sold under the name Gallo de Oro by their Texan makers, Fitz and Floyd.

The IPKat says that behind the amusement value, there’s a serious issue. One might wonder whether consumers would view GALLO as being distinctive, since it’s not English, but then if one thinks about it, the US has a sizeable Hispanic population, who would see the word as descriptive, particularly when used in the context of this context. This all goes to show that if we choose to create a cause of action which spans uses across all classes, we need to think carefully about uses which may be distinctive in one class but descriptive in others.