Presentation on theme: "Kendall-Jackson Winery v. E. & J. Gallo Winery N.D. Cal. (Walker, J.), 150 F.3d 1042 (9 th Cir. 1998) Paul W. Reidl Law Office of Paul W. Reidl Modesto,"— Presentation transcript:
Background Extensive PR review of the Complaint and PR campaign Tremendous media coverage designed to resurrect dirt and undo Gallo image advertising (C) 2011. Paul W. Reidl. All Rights Reserved.
Settlement Discussions? Are you kidding me? This was the modern-day equivalent of Gladiator; only one would be left standing That’s why both sides had plaintiff’s trial lawyers as their lead counsel The Judge understood this and never pushed for a settlement conference or ADR (C) 2010. Paul W. Reidl. All Rights Reserved.
Trademark Issue (C) 2011. Paul W. Reidl. All Rights Reserved.
Laches Pre-launch knowledge “Wait and watch” Filed 8 months after knowledge By that time Turning Leaf was #1 in the category Judge (state law claims): laches 9 th Circuit: moot (C) 2010. Paul W. Reidl. All Rights Reserved.
Privilege Waiver Prior in-house review and memo KJ Expert – retired TTAB judge “The review was not up to standards: no interviews, no research, no survey, should always use outside counsel because in house cannot be impartial” “reasonable people can disagree on inherent distinctiveness” (C) 2011. Paul W. Reidl. All Rights Reserved.
Other Issues Damages were excluded No Pre-Trial Order Clash of lawyering cultures David Gallo passing away before trial Plaintiff’s “Victory Celebration” Malicious prosecution action (C) 2011. Paul W. Reidl. All Rights Reserved.