When Cheryl Durzy created a wine label inspired by her
children
– who observed their mother enjoying an evening glass of vino
and asked,
”
Oh, is that mommy’s juice?
”
– she didn’t think it would lead to a lawsuit. Full article
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Kids say the darndest things.
But when Cheryl Durzy created a wine label inspired by her children – who observed their mother enjoying an evening glass of vino and asked, “Oh, is that mommy’s juice?” – she didn’t think it would lead to a lawsuit.
“I didn’t want this, it just happened. It hurt, like the guy was telling me that my idea was copying their idea,” said Durzy, who helps run Clos LaChance Winery alongside parents and founders Bill and Brenda Murphy at 1 Hummingbird Lane in San Martin.
What started as a homegrown idea for a wine dubbed “MommyJuice” – which now lines store shelves in 14 different states plus Canada, boasts an enthusiastic following and 7,125 “likes” on Facebook – also caught the eye of a rival winemaker in New Jersey.
The ensuing altercation prompted Durzy to take legal action after Selective Wine Estates, Inc., a company touting an Italian-imported Pinot Grigio and rosso primitivo called “Mommy’s Time Out,” had an issue with what they felt was trademark infringement. The group sent several letters telling Durzy to stop using the name “MommyJuice,” she said.
“We threatened to sue them, rather than waiting around for them to sue us,” said Durzy’s lawyer KC Branch, who is based out of San Luis Obispo and has represented a number of wine and spirits companies throughout California.
Clos LaChance took action, filing a lawsuit April 18 at San Francisco Federal Court.
“We’re asking the court in its learned abilities to make a decision and tell us who’s right and who’s wrong,” said Branch, who likened the situation to a school-yard altercation.
“We’re going to a higher power, and not going to fight with them.”
No court dates have been set so far, but a response is due back in two weeks, he said over the phone Tuesday.
Calls placed to Mike Cincotta, the contact listed on the Mommy’s Time Out website, were not returned.
“I didn’t even know about them until well after I created the label,” added Durzy, who came up with the concept one day while she was doing laundry.
“I thought, ‘oh… what a cute name for a wine,” she recalled. “I would totally buy something like that.’ ”
Durzy acted on the idea and gifted women with MommyJuice: Two easy-sipping, crowd-pleasing table wines marketed to busy moms who enjoy pairing a well-deserved break with a glass of good, affordable vino.
The product was a hit during its initial 2010 September-November test run in Target, the label’s sole carriers and strategic vessel for tapping into a moms-on-the-go market.
The mother of two doesn’t claim to have created the phrase “MommyJuice,” though. Durzy said she’s heard the term used casually in everyday jargon and also found it on urbandictionary.com – an online database recognizing makeshift phrases and everyday slang. The website defines mommy juice as “a drink for a mom. Beer or liquor for a mom that is tired of dealing with her screaming kids.”
“I’m not trying to say that I own the word mommy,” she added. “We filed a suit to tell the judge, ‘Hey take a look at this and tell us if we’re doing anything wrong.’ ”
Durzy said she researched the Alcohol and Tobacco Tax and Trade Bureau of the U.S Department of the Treasury to see if the phrase “MommyJuice” was in use by another winemaker, which it wasn’t. Every wine label must be approved through the TTB, she explained.
The “MommyJuice” label depicts a woman sitting in a cross-legged lotus position juggling multiple items including cooking utensils, a computer, teddy bear and house. Her eyelids are closed, and the expression on her face is peaceful and content – the way one looks after drinking a glass – or bottle – of wine, perhaps.
“It’s a fun gift. An everyday type of wine,” said Durzy, who worked with a designer to create the label. “I had an idea of what I wanted it to look like: A woman who works hard, plays hard with her kids and takes time for herself with a glass of wine here and there.”
The MommyJuice red is 77 percent cabernet sauvignon mixed with four other varietals grown onsite at Clos LaChance. The MommyJuice white is 100 percent, unoaked chardonnay and is made from grapes grown in Monterey.
“MommyJuice” is not sold at the winery but is available in Bay Area Target stores for $9.99. The brand is doing well, but Clos LaChance’s award-winning inventory is still the winery’s moneymaker, Durzy said.
The label for Mommy’s Time Out is a sketch of a wooden chair facing the corner in a room. On the right hand side is a small table with a wine bottle and glass.
To succeed in a trademark violation case, Branch explained the plaintiff must prove there will be confusion in the marketplace on the part of the consumer, who might observe two wine labels using the same word, phrasing, image or design and deduce both products are made by the same company or entity.
“There’s a lot of overlapping names in the industry,” he said.
Like Robert Foley Vineyards, based out of Angwin, for example – not to be confused with Foley Estates Vineyard & Winery based out of Santa Barbara County.
“They’re not uncommon,” said Paul Reidl, an attorney in Modesto who has represented a number of winemaker clients. “This happens regularly. I’ve handled many trademark infringement cases for both defendants and plaintiffs in these types of cases.”
Branch said Clos LaChance’s case has been assigned to a court in Oakland.
Durzy said MommyJuice was already growing in popularity, but acknowledged the uncanny timing of her case coming to a head around Mother’s Day.
“It certainly hasn’t hurt,” she laughed.
MommyJuice Wines
– Created by Cheryl Durzy, co-owner of Clos LaChance Winery. Durzy’s parents are Clos LaChance co-owners/founders Bill and Brenda Murphy
– MommyJuice is available in a red blend or unoaked Chardonnay
– Wines sell for $9.99 in all Bay Area Target stores or for $10 at MommyJuicewines.com.
– MommyJuice wines will celebrate National Mom’s Nite Out featuring wine, shopping, music and dessert with other moms from 7:30 to 10:30 p.m. May 5 at Clos LaChance Winery at 1 Hummingbird Lane in San Martin. Cost is $20 and includes one MommyJuice wine glass, a “mom-sized” portion of MommyJuice, desserts and goodie bag. All proceeds will be donated to the Family Giving Tree. For more information email ch****@*************es.com.
