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From: lewis.perdue@wineindustryinsight.com

Subject: Teeter-Totter Sues Palm Bay International/Wine Over Mouse, Elephant & Seesaw| WINE EXECUTIVE NEWS | February 25, 2019

Date: 2019-02-25 17:37:01

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Teeter-Totter Sues Palm Bay International/Wine Over Mouse, Elephant & Seesaw -- WINE EXECUTIVE NEWS Premium Member Briefing | February 25, 2019
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VIP Wine Executive News Member Briefing

The premium, VIP service of Wine Industry Insight

From editor & publisher, Lewis Perdue
February 25, 2019

Teeter-Totter Sues Palm Bay International/Wine Over Mouse, Elephant & Seesaw

Au Contraire says these labels are not similar.

Teeter-Totter says, "Au contraire!"

And a federal court case ensues

Screen Shot 2019-02-19 at 2.17.04 PM Screen Shot 2019-02-19 at 2.39.18 PM

In one corner, the plaintiff: Teeter-Totter LLC, small Napa Valley winery owned by vintner Benoit Touquette whose wines have received outstanding 90+ ratings from Parker, Galloni, Cellar Tracker and other fine wine critics since his first vintage -- 2011 Cabernet Sauvignon was released in 2013.

The Teeter-Totter court filing asserts that the defendant copied its label and infringed its trademarks. As a result, Teeter-Totter contends that consumers are likely to confuse its products with those from Au Contraire. That confusion, according to Teeter-Totter could harm its reputation for producing top-scoring wines.

Finally, Teeter-Totter's complaint alleges that the defendant improperly tried to block Teeter-Totter's trademark registration.

Teeter-Totter Cabernet Sauvignon sells for an average of $70 according to Wine-Searcher, whose data indicates that Teeter-Totter wines are readily available online and in retail stores.

In the other corner, the Defendent: Au Contraire, a brand owned by Palm Bay International LLC and Palm Wine Holdings LLC. Co-defendants J. Vineyards & Winery LLC, and RB Wine Associates LLC (Rack and Riddle) have been caught up in the lawsuit for their roles in producing the wine.

Defendant Palm Bay International, Inc. et al contends that the labels are not similar, not widely available, and that the wines reach entirely different buyers due to vast differences in availability and retail prices. Palm Bay International said they conducted a search and could not find any evidence of a Teeter-Totter label and, thus, were completely unaware of its wine or labels.

Au Contraire's Pinot Noir sells for an average of $55 according to Wine Searcher. whose data indicates that Au Contraire wines are widely available online and in retail stores.

Both companies also produce wines at similar, lower price points. See charts, below.

AuContraire-price Teeter-price

Original graphic by Wine Industry Insight using data from Wine-Searcher. Right-click charts to view a larger image.

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================= CONTACT DATA ====================
Lewis Perdue
670 W. Napa St., Suite H, Sonoma, CA 95476
Phone: 707-326-4503, fax: 707-940-4146
Email: lewis.perdue@wineindustryinsight.com