Although this press release from 40 Knots Vineyard & Estate Winery (with a few edits by me) came out in November, a deadline is coming up in January about their court case with Loblaws Companies Ltd. Below is information about their dispute about their wine named Ziggy.
Since February 2016, 40 Knots Vineyard & Estate Winery on Vancouver Island began their David and Goliath battle with Loblaws Companies Limited over a name; Ziggy. Ziggy, their vineyard whippet, is nicknamed after their estate grape Siegerrebe, and owners Brenda Hetman-Craig and Layne Robert Craig named this wine in Ziggy’s honor, being a unique name for a wine and simply easier to pronounce for the consumer. As one of their most popular wines, 40 Knots moved to trademark the name in 2015, only to have it opposed by Loblaws in 2016. Loblaws uses the name Ziggy’s for various deli food, and has an issue with 40 Knots’ Ziggy.
40 Knots has since filed to require that five of Loblaws’ Ziggy trademarks be expunged because they don’t appear to be used. Now Loblaws has to provide evidence that those five trademarks have been used within the past 3 years. Loblaws has requested and been granted extensions of time to file evidence of use of these trademark applications. The new deadline is January 9, 2018.
In response to the filing of 40 Knot’s evidence, Loblaws obtained an order on October 11, 2017 to cross-examine 40 Knot’s owners. The order requires that 40 Knot’s be available for cross-examination.
“Ziggy is important to us,” Brenda says. “We’ve worked hard for this wine and our business and we aren’t willing to give up just because we’re fighting the big dogs. They may have a lot of lawyers and money, but we are confident that we own the trademark for Ziggy wine, and that there is no “consumer confusion” between our wine and their deli food. Neither do we believe there to be consumer confusion of products named the same such as musicians, comics, eye wear or written song.”
When Brenda was asked why she thought Loblaws would oppose their trademark of Ziggy on Wine, she
stated: “I can only guess that it is because of their recent approval of wine-in-grocery store license approvals.”
While the battle continues, 40 Knots is still producing their wine, and you can buy this wine at their online
store, restaurants and private liquor stores. You are always welcome to visit their tasting room and
meet Ziggy, the dog, in her capacity as Chief Greeter and Protection Officer of the Vineyard.
Fingers crossed for 40 Knots.