Govino v. Goverre - Complaint

Case 8:17-cv-01237 Document 1 Filed 07/19/17 Page 1 of 17 Page ID #:1
1 SCOTT M. LOWRY (CA Bar No. 244504)

scott@lawlb.com
2 LOWRY BLIXSETH LLP
23632 Calabasas Road, Suite 201
3 Calabasas, California 91302
4 Telephone: 818-584-6460
Facsimile: 818-574-6026
5
CHRIS KAO (CA Bar No. 227086)
6 ckao@kaollp.com
7 ANDREW HAMILL (CA Bar No. 251156)
ahamill@kaollp.com
8 WHITNEY MINER (CA Bar No. 290825)
wminer@kaollp.com
9 KAO LLP
10 One Post Street, Suite 1000
San Francisco, California 94104
11 Telephone: 415-539-0996
Facsimile: 866-267-0243
12
13 Attorneys for govino, LLC
14 UNITED STATES DISTRICT COURT

15 FOR THE CENTRAL DISTRICT OF CALIFORNIA
16 SOUTHERN DIVISION
17 GOVINO, LLC, a Delaware limited Case No. 8:17-cv-1237

18 liability company,
COMPLAINT FOR:
19 Plaintiff, (1) TRADEMARK INFRINGEMENT;
(2) TRADE DRESS INFRINGEMENT;
20 v. (3) TRADEMARK DILUTION;
21 (4) CALIFORNIA STATUTORY UNFAIR
GOVERRE, INC., a Delaware COMPETITION;
22 corporation; REGAN KELAHER, an (5) COMMON LAW UNFAIR COMPETITION;
individual; SHANNON ZAPPALA, an AND
23 individual; and DOES 1-10, (6) FEDERAL UNFAIR COMPETITION
24
Defendants. DEMAND FOR JURY TRIAL
25
26
27
28
1
COMPLAINT FOR DAMAGES
1 COMPLAINT FOR DAMAGES

2 Plaintiff govino, LLC (govino) hereby pleads its complaint for damages against
3 Defendants GoVerre, Inc. (GoVerre), Regan Kelaher (Kelaher), Shannon Zappala
4 (Zappala) (collectively the GoVerre Defendants), and DOES 1-10, as follows:
5 JURISDICTION AND VENUE
6 1. This civil action arises under the Federal Trademark Act of 1946, 15 U.S.C.
7 1051, et seq., as amended (the Lanham Act); California Business and Professions Code
8 17200 et seq; and California Common Law.
9 2. This court has original jurisdiction over the parties and the subject matter of the
10 action pursuant to 28 U.S.C. 1131 and 1338(a)-(b), as well as under 15 U.S.C. 1119 and
11 1121. This court also has personal jurisdiction over Defendants because Defendants are doing
12 business and/or reside in this state and/or the alleged acts of infringement have occurred and/or
13 are occurring in this state.
14 3. Venue is proper in this district under 28 U.S.C. 1391(b)-(c) and 1400(a)-(b).
15 The alleged acts of infringement and misappropriation have occurred and/or are occurring in this
16 district and GoVerre resides within this judicial district.
17 PARTIES
18 4. govino is a Delaware limited liability company having its principal place of
19 business at 20371 Irvine Ave., Suite A-100, Newport Beach, California 92660.
20 5. GoVerre is a Delaware corporation having its principal place of business at 2542
21 Corbel Way, San Marcos, California 92078.
22 6. Regan Kelaher is an individual having a residence address of 720 Teaberry St.,
23 Encinitas, California 92024.
24 7. Shannon Zappala is an individual having a residence address of 2542 Corbel
25 Way, San Marcos, California 92078.
26 8. govino is unaware of the true names of the Defendants identified in the Complaint
27 under the fictitious names Does 1-10. On information and belief, Does 1-10 are unlawfully
28 making, using, selling, offering to sell, or otherwise importing products that infringe govinos
2
1 trademarks, such as in connection with drinking vessels. govino will amend its Complaint to
2 identify the names of the Doe Defendants as they are discovered.
3 FACTUAL BACKGROUND
4 9. govino is engaged in the design, manufacturing, distribution and retail sales of a
5 niche group of drinking vessels. Through years of marketing and developing goodwill, govino
6 has since become a leading global provider of original and distinctive drinking glasses that
7 include, inter alia, its GOVINO Go Anywhere shatterproof, reusable, recyclable stemless
8 wine glasses, flutes, cocktail glasses, beer glasses, and decanters (collectively the GOVINO
9 Products) as shown, e.g., in Exhibit A. Each of the GOVINO Products are readily identifiable
10 and distinguishable over competitor products, e.g., by way of inclusion of a distinctive non-
11 functional notched indent in the glass sidewall (govino Trade Dress) as shown in Exhibits B-D.
12 10. Since about 2008, govino has substantially continuously and exclusively marketed
13 and sold the GOVINO Products incorporating the govino Trade Dress in commerce. Because
14 of govinos expenditure of considerable time, effort, and money to advertise and publicize this
15 feature, the govino Trade Dress has garnered well-known industry recognizable trade dress
16 distinction that has become associated only with govino, and serves to designate govino as an
17 exclusive manufacturing source distinguishable over competitor products. Consumers readily see
18 the govino Trade Dress in the GOVINO Products and in connection with govinos advertising
19 and product packaging, such as at the point of purchase in retail stores and at online retailers. For
20 example, all packaging shows the govino Trade Dress in wire form or as a picture on the box
21 front and on the side where a white semi-circle noticeably disrupts a colored boarder next to the
22 govino Trade Dress. See, e.g., Exhibits A-D.
23 11. The United States Patent and Trademark Office (USPTO) has also awarded
24 govino multiple design patents incorporating the purely ornamental govino Trade Dress,
25 including U.S. Patent No. D577,547, which issued September 30, 2008, claiming an ornamental
26 design for a wine glass (Exhibit E); U.S. Design Patent No. D646,926, which issued October
27 11, 2011, claiming an ornamental design for a champagne glass (Exhibit F); U.S. Patent No.
28 D724,898, which issued March 24, 2015, claiming an ornamental design for a beer glass
3
1 (Exhibit G); and U.S. Patent No. D685,218, which issued July 2, 2013, claiming an ornamental
2 design for a decanter (Exhibit H) (collectively GOVINO Design Patents). Each of the
3 GOVINO Design Patents are presumed valid and enforceable under 35 U.S.C. 282.
4 12. The GOVINO Products are now the most sought after and well-recognized
5 products in the industry. For example, the GOVINO Products have been top selling products
6 on Amazon.com, some of which have been highly ranked (i.e., #1-#4) for several years dating
7 back to 2010. Thus, the GOVINO Products rank in the top 1% of products on Amazon.com.
8 In each instance, the Amazon.com listings prominently display govinos trademarks, distinctive
9 product configurations, and distinctive trade dress as shown, e.g., in Exhibits I-J.
10 13. govino has received numerous awards related to the distinctive product
11 configuration and/or trade dress for several of its products. Specifically, the GOVINO Go
12 Anywhere Wine Glass (Exhibit B) won the International Design Excellence Award (IDEA)
13 Silver Award (2010) and the Good Design Award for 2010 from the Chicago Athenaeum:
14 Museum of Architecture and Design; and the GOVINO Go Anywhere Flute (Exhibit B) won
15 the International Design Excellence Award (IDEA) Bronze Award (2012) and the Good
16 Design Award for 2012 from the Chicago Athenaeum: Museum of Architecture and Design. Of
17 particular note, the IDEA awards are from the Industrial Designers Society of America, and
18 govino was the recipient of these awards based on the premise that the GOVINO Go
19 Anywhere Wine Glass and the GOVINO Go Anywhere Flute made drinking wine out of
20 plastic glass acceptable in the wine industry.
21 14. The GOVINO Products receive widespread publicity, and have been featured in
22 popular TV shows such as The Bachelor, the George Lopez show, The Martha Stewart Show,
23 Oscar winning movies such as La La Land, and world-renowned publications, including
24 newspapers, magazines and respected online articles that reach millions of readers daily. In
25 particular, govinos products have been featured in publications such as The New York Times
26 (Dec. 2012, June 2011, Dec. 2010, Apr. 2009), Los Angeles Times (Jul. 2011, Mar. 2008); The
27 Wall Street Journal (Nov. 2012, Jun. 2012); Chicago Tribune (Jul. 2009), Wine Spectator (Dec.
28 2012, Feb. 2011, Dec. 2008, Sep. 2008), Sunset Magazine (Sept. 2012), Lucky Magazine (Dec.
4
1 2011), InStyle Magazine (Mar. 2011), Real Simple Magazine (Dec. 2010), Los Feliz Ledger (Jul.
2 2010), Town & Country Magazine (Jun. 2010), Food & Wine Magazine, San Francisco
3 Chronicle (Jan. 2009), and the Calgary Herald (Jul. 2008). Moreover, govinos products have
4 been featured in dozens of other publications that include, but are not limited to, TimeOut New
5 York, Refinery 29, iVillage.com (Nov. 2012, Jul. 2011), Alsace Hugel, PopSugar, Newsday,
6 Food Republic, Tasting Table, Huffpost Food, Cool Hunting, Dexinger, Star-Telegram,
7 Socializzare Luxury, Ready Made Magazine, Details Magazine, Saveur, and Solano Magazine,
8 just to name a few.
9 15. The GOVINO Products are recognized by experts in the wine industry, such as
10 Nicola Marzovilla (wine distribution company, restaurant and vineyard owner) and Seth Box
11 (director of education for Mot Hennessy USA), both of whom recommended the GOVINO
12 Go Anywhere Wine Glass in The New York Times. The GOVINO Go Anywhere Wine
13 Glass, along with other GOVINO Products, have been displayed and endorsed through video
14 publications, such as by television personality and well-known celebrity Martha Stewart
15 (marthastewartliving.com) and The Today Show. Moreover, the GOVINO Go Anywhere
16 Wine Glass and its GOVINO 4-Pack Tote were shown in the Seminal Design Exhibition How
17 Wine Became Modern at the San Francisco Museum of Modern Art in 2010.
18 16. govino is also the sole and exclusive owner of several valid and enforceable
19 United States trademark registrations that include U.S. Reg. No. 3,586,708 for GOVINO, which
20 registered March 10, 2009 on the Principal Register, for use in connection with Drinking
21 vessels in Intl. Class 021 (the govino 708 Registration) (Exhibit K); U.S. Reg. No. 4,063,605
22 for GOVINO, which registered November 29, 2011 on the Principal Register, for use in
23 connection with wine, wine sold in a flexible pouch, wine sold in a flexible pouch with a
24 disposable wine glass, and wine sold in a single serving size in Intl. Class 033 (the govino 605
25 Registration) (Exhibit L); and U.S. Reg. No. 4,712,133 for GO ANYWHERE, which registered
26 March 31, 2015 on the Principal Register, for use in connection with Decanters; Drinking
27 vessels in Intl. Class 021 (the govino 133 Registration) (Exhibit M) (collectively
28 GOVINO Trademarks). Additionally, the govino 708 Registration is incontestable.
5
1 17. The GoVerre Defendants make, use, sell, offer to sell, and/or import variety of
2 wine glasses identified under the GOVERRE product lines, such as through its website
3 www.goverre.com (Exhibit N), Amazon.com (Exhibit O), and Facebook (Exhibit P), among
4 other outlets (collectively the Infringing Glasses).
5 18. In about January 2014, a concerned customer notified govino that a company had
6 initiated a Kickstarter campaign using the confusingly similar brand name GOVERRE in
7 connection with drinking vessels, and specifically wine glasses. A true and correct copy of the
8 January 2014 Kickstarter Campaign is attached hereto as Exhibit Q.
9 19. Upon further investigation, govino realized that the January 2014 Kickstarter
10 Campaign was owned by Kelaher and/or Zappala, who own GoVerre. Zappala had visited
11 govino in about 2010 and, at that time, reviewed and discussed with govino the success of the
12 GOVINO Products, the GOVINO Trademarks, and the govino Trade Dress. The GoVerre
13 Defendants have thus been aware of the GOVINO Products, the GOVINO Trademarks, and
14 the govino Trade Dress since about 2010. During the 2010 meeting, Zappala appeared amazed
15 and inspired by the success of the GOVINO Products, the GOVINO Trademarks, and the
16 govino Trade Dress.
17 20. Zappala is also the sister-in-law of John Greer (Greer), the President &
18 Founding Partner of LJG Partners, Inc. (LJG), a company specializing in branding, including
19 the design and development of brand names, brand strategy, web strategy, content planning,
20 integrated campaigns, digital brand strategies, etc.
21 21. Greer was considering investment opportunities in govino in 2010, around the
22 same time Zappala met with govino at the govino offices in St. Helena, California.
23 22. While Greer never formally invested in govino, in about the first quarter of 2014,
24 govino hired Greers company LJG to represent govino in its branding strategies, including with
25 respect to the GOVINO Trademarks and the govino Trade Dress.
26 23. During this time in about late 2013 to early 2014, Greer was also providing
27 branding advice to Zappala, Kelaher, and/or GoVerre regarding the Infringing Glasses.
28 24. Greer also invested in the GoVerre Defendants January 2014 Kickstarter
6
1 Campaign.
2 25. Greer told govino in January 2014 that consumers of the Infringing Glasses were
3 sophisticated enough to purchase the GOVINO Products. Thus, consumers of the GOVINO
4 Products are the same as consumers of the Infringing Glasses and the GOVINO Products travel
5 through the same trade channels as the Infringing Glasses.
6 26. Greer also admitted to govino that GOVERRE sounds similar to GOVINO.
7 27. Recognizing the immediate issues related to a potential for a likelihood of
8 confusion, Greer offered to discuss the GOVERRE naming issues with the GoVerre Defendants
9 at that time.
10 28. In about February 2014, Greer confirmed with govino that he spoke with Zappala
11 and that the January 2014 Kickstarter Campaign was a non-starter since the GoVerre defendants
12 fell well short of their funding goal; and that the GOVERRE project had been put on indefinite
13 hold. Moreover, Greer recommended that govino send the GoVerre Defendants a serious legal
14 notice should the GoVerre Defendants decide to later resurrect the use of GOVERRE in
15 connection with wine glasses.
16 29. Since the January 2014 Kickstarter Campaign failed, govino believed that the
17 Infringing Glasses bearing the GOVERRE mark would not be produced by the GoVerre
18 Defendants.
19 30. Subsequently, on about March 31, 2014, and unknown to govino, the GoVerre
20 Defendants initiated a second Kickstarter Campaign, despite knowing full well that the
21 Infringing Glasses infringed the GOVINO Trademarks and/or the govino Trade Dress. A true
22 and correct copy of the March 2014 Kickstarter Campaign is attached hereto as Exhibit R.
23 31. On about June 11, 2013, the GoVerre Defendants applied for and eventually
24 obtained, on June 30, 2015, U.S. Trademark Reg. No. 4,765,018 for GOVERRE for use in
25 connection with Wine glasses in Intl. Class 021 (the GoVerre 018 Registration) (Exhibit S).
26 32. Additionally, also on about June 11, 2013, the GoVerre Defendants applied for
27 and eventually obtained, on September 22, 2015, U.S. Trademark Reg. No. 4,818,372 for ANY
28 WINE. ANY TIME. also for use in connection with Wine glasses in Intl. Class 021 (the
7
1 GoVerre 372 Registration) (Exhibit T).

2 33. The GoVerre 018 Registration and the GoVerre 372 Registration both identify
3 drinking vessels as the relevant goods.
4 34. The GoVerre Defendants use of GOVERRE in connection with wine glasses is
5 confusingly similar in sight, sound, and/or commercial impression with the govino 708
6 Registration for GOVINO, the govino 605 Registration for GOVINO, and/or the govino 133
7 Registration for GO ANYWHERE.
8 35. The GoVerre Defendants use of ANY WINE. ANY TIME. in connection with
9 wine glasses is at least confusingly similar in sight, sound, and/or commercial impression with
10 the govino 133 Registration for GO ANYWHERE.
11 36. A true and correct comparison of the GoVerre Defendants use of the confusingly
12 similar combination of GOVERRE and ANY WINE. ANY TIME. with govinos registered
13 trademarks for GOVINO and GO ANYWHERE is enclosed as Exhibit U.
14 37. The GoVerre Defendants advertise and sell the Infringing Glasses on
15 Amazon.com and in the same category of Wine Glasses with at least the GOVINO Go
16 Anywhere Wine Glass.
17 38. The French translation for the word Verre is glass in English.
18 39. The Infringing Glasses also include an oval formation in the silicon sleeve (Oval
19 Mark) that mimics the distinctive product configuration of the notched indent of the govino
20 Trade Dress in each of the GOVINO Products, as shown, e.g., in the comparison attached
21 hereto as Exhibit V. Use of the Oval Mark further has the potential to confuse consumers into
22 believing that the Infringing Glasses are endorsed, sponsored or otherwise manufactured by
23 govino, especially when used in association with GOVERRE and ANY WINE. ANY TIME.
24 40. The GoVerre Defendants knew of the GOVINO Products and, in recognizing
25 the extreme commercial success, decided to engage in the business of making, using, importing,
26 selling, or otherwise offering to sell its own Infringing Glasses and knock off the GOVINO
27 Trademarks and the govino Trade Dress.
28 41. Consumers will be unable to discern the differences in the origination of the
8
1 products, especially when the GoVerre Defendants Infringing Glasses appear next to the
2 GOVINO Products, such as on Amazon, in view of the similarities between the GoVerre
3 Defendants use in commerce of GOVERRE, ANY WINE. ANY TIME., and the Oval
4 Mark.
5 42. On about April 24, 2017, govino became aware that the GoVerre Defendants were
6 again making, using, selling, offering to sell, and/or importing the Infringing Glasses in response
7 to a customer inquiry after the GoVerre Defendants appeared on the popular TV show Shark
8 Tank on April 21, 2017. Since airing, govino representatives have received and continue to
9 receive inquiries regarding customer confusion that govino appeared on Shark Tank.
10 43. In response to the customer confusion, on May 2, 2017, govino delivered to the
11 GoVerre Defendants a cease and desist letter, a true and correct copy of which is attached hereto
12 as Exhibit W. The GoVerre Defendants refused to cease its infringing activity.
13 44. Then, while displaying the GOVINO Trademarks and the govino Trade Dress at
14 a display booth during the Harlem EatUp! Festival on May 15, 2017 at Morningside Park in New
15 York, govino representatives received multiple inquiries from customers and prospective
16 customers regarding whether govino had appeared on Shark Tank in late April, and whether
17 GOVERRE was a new govino product.
18 45. govino then sent a second cease and desist letter to the GoVerre Defendants on
19 June 9, 2017, a true and correct copy of which is attached hereto as Exhibit X. The GoVerre
20 Defendants again refused to discontinue their infringing activity.
21 46. govino continued to receive inquiries from customers and suppliers regarding
22 whether the Infringing Products are another govino product line. In another more recent example
23 during the Food and Wine Classic on June 16-18, 2017 in Aspen, Colorado, govino again
24 received multiple inquiries from customers and prospective customers regarding whether govino
25 had appeared on Shark Tank, and whether GOVERRE was a new govino product. Customers
26 made these inquires with govino while govino was displaying the GOVINO Trademarks and
27 the govino Trade Dress in connection with a product display booth at the Food and Wine Classic.
28 47. Given that the GoVerre Defendants have refused to stop their infringing activity,
9
1 and in view of growing consumer confusion, govino was forced to file the present action.
2 48. The GOVINO Products and the Infringing Glasses are relatively inexpensive
3 drinking glasses to which purchasers devote only slight care and attention in making selections
4 and purchases. Thus, the govino Trade Dress prominently shown and marketed at the point of
5 sale is important to its commercial success and serves to distinguish the GOVINO Products
6 over competitor products. Such features allow ordinary purchasers, who typically rely only on
7 general impressions with respect to an original product or its name, to readily identify the
8 GOVINO Products as originating only with govino. Despite drinking glasses being
9 commonplace for years, the GoVerre Defendants designed the Infringing Glasses to include
10 features such as the Oval Mark that mimic the govino Trade Dress so that ordinary consumers,
11 having seen and perhaps even purchased the GOVINO Products in the past, would believe
12 Defendants Infringing Glasses were govino products.
13 49. In doing so, the GoVerre Defendants endeavor to and stand to obtain substantial
14 business by passing off the Infringing Glasses as a product endorsed, sponsored or otherwise
15 manufactured by govino, or to otherwise use govinos goodwill to divert business away from
16 govino, at the expense of govino, and to the GoVerre Defendants financial gain.
17 50. Defendants, through their agents, employees, and servants, have, and continue to,
18 knowingly, intentionally, and willfully directly infringe the GOVINO Trademarks and govino
19 Trade Dress prominently shown in all GOVINO Products, and in violation of 15 U.S.C.
20 1125(a), Cal. Bus. & Prof. Code 17200 et seq., and California common law.
21 51. Unless immediately enjoined by a preliminary injunction, the GoVerre
22 Defendants actions will continue to infringe govinos intellectual property rights and cause
23 consumer confusion to govinos detriment and to the GoVerre Defendants commercial
24 advantage, by riding on the substantial consumer goodwill developed by govino, for which
25 govino has no adequate remedy.
26
FIRST CAUSE OF ACTION
27 (Trademark Infringement, 15 U.S.C. 1114)
28 52. govino re-alleges and incorporates by reference the allegations set forth in
10
1 paragraphs 1-51 above.

2 53. Defendants have commercially used the GOVERRE, ANY WINE. ANY
3 TIME., and the Oval Mark on the Infringing Glasses and their product packaging without the
4 consent of govino. The GoVerre Defendants actions constitute use in interstate commerce of a
5 reproduction, counterfeit, copy, or colorable imitation of a registered trademark of govino in
6 connection with the sale, offering for sale, distribution, or advertising of goods and/or services in
7 connection with which such use is likely to cause confusion or mistake, or to deceive in violation
8 of the Lanham Act, 15 U.S.C. 1114.
9 54. govino has been injured in an amount to be proven at the time of trial, and has
10 suffered and will continue to suffer irreparable harm for which govino has no adequate remedy at
11 law. Unless the acts of trademark infringement are enjoined by this Court, govino will continue
12 to suffer irreparable harm. govino is therefore entitled to injunctive relief pursuant to 15 U.S.C.
13 1116.
14 55. Upon information and belief, Defendant has engaged in such infringement
15 knowingly, willfully, deliberately, and in conscious disregard of govinos rights making this an
16 exceptional case within the meaning of 15 U.S.C. 1117.
17
SECOND CAUSE OF ACTION
18 (Trade Dress Infringement, 15 U.S.C. 1125(a))
21 57. Through the expenditure of considerable time, effort, money, awards, and
22 publicity, the proprietary GOVINO Products, including, but not limited to, the GOVINO Go
23 Anywhere Wine Glass, have garnered well known industry recognizable trade dress distinction
24 that associates the designs of these products only with govino and serve to designate govino as
25 an exclusive manufacturing source of such products.
26 58. The GoVerre Defendants commercial use of the confusingly similarly configured
27 Infringing Glasses is likely to cause customer confusion or to cause mistake or to deceive as to
28 the affiliation, connection, or association of the GoVerre Defendants with govino, or as to the
11
1 origin, sponsorship, or approval of the GoVerre Defendants goods, services, or commercial

2 activities by govino, so as to cause a likelihood of confusion among the public as to the source of
3 the Infringing Glasses.
4 59. Such past, present and future commercial usage by the GoVerre Defendants of the
5 Infringing Glasses constitutes at least infringement of the govino Trade Dress in violation of
6 Section 32 of the Lanham Act, 15 U.S.C. 1125(a) for which govino is entitled to relief. 15 U.S.C.
7 1051 et seq.; 15 U.S.C. 1125(a).
8 60. The GoVerre Defendants unauthorized use is likely to cause, has already caused,
9 and will continue to cause confusion, mistake or deception in the minds of purchasers, members
10 of the trade, and the general public relative to govino, the govino Trade Dress identified above,
11 and the correct source of the Infringing Glasses.
12 61. govino has been injured in an amount to be proven at the time of trial, and has
13 suffered and will continue to suffer irreparable harm for which govino has no adequate remedy at
14 law. Unless the acts of trademark infringement are enjoined by this Court, govino will continue
15 to suffer irreparable harm. govino is therefore entitled to injunctive relief pursuant to 15 U.S.C.
16 1116.
17 62. The GoVerre Defendants have engaged in such infringement knowingly,
18 willfully, deliberately, and in conscious disregard of govinos rights making this an exceptional
19 case within the meaning of 15 U.S.C. 1117.
20
THIRD CAUSE OF ACTION
21 (Trademark Dilution, 15 U.S.C. 1125(a))
24 64. govinos registered GOVINO Trademarks and the distinctive govino Trade
25 Dress of the GOVINO Products have become widely recognized by the general consuming
26 public of the United States as a designation of source widely recognized with govino, as
27 enumerated in detail above.
28 65. The actions of the GoVerre Defendants, as described above, and specifically,
12
1 without limitation, the blatant and unauthorized depiction of GOVERRE, ANY WINE. ANY
2 TIME., and the Oval Mark on the Infringing Glasses and their product packaging, in commerce,
3 in connection with the sale, offering for sale, distribution, and/or advertising throughout the
4 United States, are likely to and have already caused and will continue to cause dilution by
5 blurring and tarnishment in violation of Section 32 of the Lanham Act, 15 U.S.C. 1125(a), for
6 which govino is entitled to relief.
7 66. The GoVerre Defendants actions are likely to cause confusion or to cause
8 mistake, or to deceive as to the affiliation, connection, or association of the GoVerre Defendants
9 with Govino, or as to the origin, sponsorship, or approval of the GoVerre Defendants goods,
10 services, or commercial activities by govino in violation of Section 32 of the Lanham Act, 15
11 U.S.C. 1125(a).
12 67. govino has suffered and continues to suffer damages in an amount to be proven at
13 trial, comprising, inter alia, diminution in the value of and goodwill associated with the
14 GOVINO Trademarks and the trade dress rights associated with the govino Trade Dress, which
15 have caused injury to govinos business. govino is therefore entitled to injunctive relief pursuant
16 to 15 U.S.C. 1116 and 1125(c).
17 68. The GoVerre Defendants have engaged in such false designation of origin,
18 association, affiliation, connection, endorsement and/or approval knowingly, willfully,
19 deliberately, and in conscious disregard of govinos rights, making this an exceptional case
20 within the meaning of 15 U.S.C. 1117.
21
FOURTH CAUSE OF ACTION
22 (California Unfair Competition, Cal. Bus. & Prof. Code 17200 et seq.)
25 70. The GoVerre Defendants use of GOVERRE, ANY WINE. ANY TIME., and
26 the Oval Mark, which are confusingly similar with the GOVINO Trademarks and the govino
27 Trade Dress, constitutes unlawful, unfair, and/or fraudulent business acts or practices under Cal.
28 Bus. & Prof. Code 17200. et seq.
13
1 71. The GoVerre Defendants acts of unlawful, unfair, and/or fraudulent competition
2 have caused harm to competition, consumers, and competitors.
4 have proximately caused govino to suffer and to continue to suffer injury in fact and loss of
5 money and/or property (including expenses that govino has incurred, and continues to incur, in
6 its efforts to prevent and deter the GoVerre Defendants from engaging in unlawful conduct) in
7 an amount to be proven at trial.
8 73. Defendants acts of unlawful, unfair, and/or fraudulent competition also have
9 caused irreparable and incalculable injury to govino, to the GOVINO Trademarks and the
10 govino Trade Dress and to the business and goodwill represented thereby, and, unless enjoined,
11 will cause further irreparable and incalculable injury, whereby govino has no adequate remedy at
12 law.
14 have caused The GoVerre Defendants to be unjustly enriched.
15
FIFTH CAUSE OF ACTION
16 (Common Law Unfair Competition)
19 76. The GoVerre Defendants use of GOVERRE, ANY WINE. ANY TIME., and
20 the Oval Mark on the Infringing Glasses and their product packaging in commerce constitute
21 infringement of the GOVINO Trademarks and the govino Trade Dress and unfair competition
22 in violation of the common law of California for which govino is entitled to relief.
23 77. The GoVerre Defendants actions have caused, are causing, and unless enjoined
24 by this Court, will continue to cause confusion of the public as to the source of the Infringing
25 Glasses.
26 78. The GoVerre Defendants, with full knowledge of the GOVINO Trademarks and
27 the govino Trade Dress, have committed these acts willfully, with the intent to trade or pass off
28 the Infringing Glasses as their own, in complete disregard of govinos goodwill and the goodwill
14
1 associated with the GOVINO Trademarks and govino Trade Dress.

2 79. Because of the GoVerre Defendants acts, the GoVerre Defendants have been
3 unjustly enriched and govino has suffered and will continue to suffer damages and injury, for
4 which govino is entitled to relief under the common law.
5 SIXTH CAUSE OF ACTION
(Federal Unfair Competition and False Designation of Origin
6 Lanham Act 43(a), 15 U.S.C. 1125(a))
9 81. The GoVerre Defendants, through its use of GOVERRE, ANY WINE. ANY
10 TIME., and the Oval Mark have misappropriated the good will symbolized by the GOVINO
11 Trademarks and govino Trade Dress, in connection with GoVerre Defendants goods and
12 services and GoVerre Defendants containers for goods.
13 82. The GoVerre Defendants actions constitute a use in commerce of a word, term,
14 name, symbol, or device, or any combination thereof, or a false designation of origin, false or
15 misleading description of fact, or false or misleading representation of fact, which is likely to
16 cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association
17 of GoVerre Defendants with govino, or as to the origin, sponsorship, or approval of Defendants
18 goods, services, or commercial activities by govino.
19 83. The GoVerre Defendants had prior knowledge of the GOVINO Trademarks
20 and the govino Trade Dress, imitated the GOVINO Trademarks and the govino Trade Dress,
21 and have unjustly enriched themselves at govinos expense.
22 84. The GoVerre Defendants actions constitute unfair competition, false designation
23 of origin, and trademark infringement in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
24 1125(a) for which govino is entitled to relief. govino is also entitled to have the Infringing
25 Glasses and their product packaging destroyed in accordance with 15 U.S.C. 1118.
26 PRAYER FOR RELIEF
27 WHEREFORE, govino requests entry of judgment in its favor and against Defendants as
28 follows:
15
1 a. Defendants and their parents, affiliates, subsidiaries, officers, agents, servants,

2 employees, attorneys, successors, and assigns, and all those persons in active concert or
3 participation with them, or any of them, destroy or offer up to govino for destruction any and all
4 Infringing Glasses and their product packaging that are within Defendants possession, custody,
5 or control;
6 b. Judgment be entered in favor of govino that Defendants have directly and/or
7 indirectly infringed U.S. Trademark Reg. Nos. 3,586,708; 4,063,605; and 4,712,133 and the
8 distinctive product configuration of the notched indent of the govino Trade Dress of the
9 GOVINO Products;
10 c. Cancellation of the GoVerre Defendants U.S. Trademark Reg. Nos. 4,765,018
11 and 4,818,372;
12 d. Defendants and their officers, agents, servants, employees, attorneys and those
13 persons in active concert or participation with them who receive actual notice of the order by
14 personal service or otherwise, be preliminarily and permanently enjoined from violating govinos
15 rights by way of:
16 i. using the GOVINO Trademarks and govino Trade Dress in connection
17 with selling, marketing, advertising, promoting and/or distributing
18 drinking vessels, including wine glasses;
19 ii. using any word, name, mark, designation, logo, or other material for or in
20 connection with selling, marketing, advertising, promoting and/or
21 distributing drinking vessels, including wine glasses, which is likely to
22 cause confusion, mistake or deception as to source relative to govinos
23 names, marks, designations of origin and logos, including in the Infringing
24 Glasses and their product packaging;
25 iii. passing off the GoVerre Defendants goods as govinos goods;
26 iv. practicing unfair competition, unfair trade practices, false advertising and
27 misappropriation against govino;
28 v. practicing any conduct aimed at or likely to result in diverting business
16
1 intended for govino or injuring govinos good will and business reputation
2 by way of imitation, misrepresentation, false statements, fraud, advertising
3 and/or deception;
4 e. govino be awarded (a) the GoVerre Defendants profits; (b) damages sustained by
5 govino; and (c) the costs for this civil action, including reasonable attorneys fees, under 15
6 U.S.C. 1117(a);
7 f. The present case be judged as exceptional within the meaning of Lanham Act 15
8 U.S.C. 1117 to warrant judgment for three times such profits and damages, including
9 prejudgment interest;
10 g. The GoVerre Defendants be ordered to mail notice letters at their expense to all
11 customers, accounts, distributors, dealers, jobbers, salesmen, sales representatives and suppliers,
12 informing them that it has committed trademark infringement and unfair competition against
13 govino and that it has no affiliation, connection or other business relationship with govino; and
14 h. Any further relief that this Court deems just, proper, and equitable.
15 DEMAND FOR JURY TRIAL
16 Pursuant to Rule 38 of the Federal Rules of Civil Procedure, govino respectfully demands
17 a trial by jury on all claims and issues so triable.
18
19 Dated: July 19, 2017 /s/ Scott M. Lowry
Scott M. Lowry
20 Lowry Blixseth LLP
21 23632 Calabasas Road, Suite 201
Calabasas, California 91302
22 Telephone: 818-584-6460
Facsimile: 818-574-6026
23
24 Chris Kao
Andrew Hamill
25 Whitney Miner
KAO LLP
26 One Post Street, Suite 1000
San Francisco, California 94104
27
Telephone: 415-539-0996
28 Facsimile: 866-267-0243
Attorneys for govino, LLC
17
http://govinowine.com/search
Case 8:17-cv-01237 Document 1-1 Filed 07/19/17 Page 1 of 42 Page ID #:18
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EXHIBIT B
GOVINO PRODUCTS
Wine Glass Flute Beer Glass Decanter Cocktail Glass
EXHIBIT C
GOVINO PRODUCT PACKAGING (Classis Hand Wash Series)
EXHIBIT D
GOVINO PRODUCT PACKAGING ((Dishwasher Safe Series)
1
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Amazon.com: govino https://www.amazon.com/s/ref=nb_sb_noss_2?url=search-alias=aps&fie...
EXHIBIT I
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Amazon.com | Govino Wine Glass Flexible Shatterproof Recyclable, Set ... https://www.amazon.com/Govino-Glass-Flexible-Shatterproof-Recyclabl...
EXHIBIT J
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Customers who bought this item also bought
Special offers and product promotions

Package Quantity: 4 | Size: 16-ounce
Save Big On Open-Box & Used Products: Buy "Govino Wine Glass Flexible Shatterproof Recyclable... from Amazon Open-Box & Used and
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Package Quantity:4 | Size:16-ounce
Its not glassits govino! Where design meets durability!
govino Dishwasher Safe Series and Classic Series
govino was originally created as a trade tool to help professional salespeople showcase their wines whenever and wherever proper stemware isnt
accessible. Upon its debut in 2008, govinos very first customers included some of the worlds most renowned and respected wine producers,
making govino the first and only unbreakable wine glass of its kind to be accepted by the wine industry! It is shatterproof, reusable, recyclable and
proudly made in the USA.
Perfect for weddings, outdoor events, parties or around the pool. Great to take as hostess gifts, enjoy at picnics and on your boat. Glasses won't
break when dropped leaving you to enjoy your event with friends. Cocktails, wine, beer or juice. govino glasses are easy to hold and perfect for
any drink you can think of!
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EXHIBIT J
Why do govino products look and perform like fine crystal?

All govino products are made from a flexible, BPA/BPS free polymer, which properly showcases all types of wines, beers, and spirits.
govino products are recyclable but better yet they are totally reusable.Washing your govino products
Classic Series
To keep your Classic Series govino products lustrous, and to maintain their elegant shape, HAND WASH ONLY, with a non-abrasive sponge, then
buff dry with a lint-free towel or paper cloth.
Reuse it, abuse it Then simply recycle it!
Dishwasher Safe Series

Our new Dishwasher Safe Series line of products are durable enough to withstand domestic dishwashers, just place in the top-rack!
Product information
2.1 x 2.1 x 5.2 inches
1 ounces Click here
6.4 ounces (View shipping rates

and policies)
home, kitchen, dining, dinnerware, suggest updates through

tableware, glassware & drinkware seller support
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Govino
B002WXSAT6
3103
2,258 customer
reviews
3.8 out of 5 stars
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Top 100 in Kitchen & Dining)
#6 in Kitchen & Dining > Bar Tools
& Glasses > Bar, Cocktail & Wine
Glasses > Wine Glasses
#12 in Kitchen & Dining >
Glassware & Drinkware > Wine &
Champagne Glasses
#21 in Kitchen & Dining > Wine
Accessories
May 5, 2003
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Amazon.com | GOVERRE : a GLASS, portable, wine glass with a silico... https://www.amazon.com/GOVERRE-portable-silicone-sleeve-drink-thr...
EXHIBIT O
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#246 in Kitchen & Dining > Bar
Tools & Glasses > Bar, Cocktail &
Wine Glasses > Wine Glasses
Glassware & Drinkware > Wine &
Champagne Glasses
Accessories
November 30, 2015
Customer questions & answers
Question: Wouldn't this be considered open container if it was in your bag in the car??
0
Answer: I would not keep it in the car I would place in the trunk.
votes
By Dj on April 26, 2017
Question: Does this come with any kind of warrenty?

0
Answer: Unfortunately no, this does not come with a warranty. GOVERRE's products are designed and manufactured with great
votes
care. Product that is found to have defects in manufacturing and/or workmanship is eligible for replacement.
By GOVERRE SELLE R on January 26, 2016
Question: Does it keep the wine cold?

0
Answer: It's a glass so the same as any other glass
votes
By Puaaina L McVay on April 26, 2017
See more answers (1)
Question: Is this made in the USA?

0
Answer: I don't know. The girls (founders) were on shark tank and the glass is great, but don't know if they out source overseas or
votes
not.
By Lisa Hashem on April 25, 2017
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Goverre: Modern to-go cups for wine

July 4 at 12:01pm
"In a plastic cup, a $26 bottle of wine tasted like Welch's grape juice."
We couldn't agree more! You don't have to be a wine snob to know there
is a better option when enjoying your wine outside. Ditch the plastic cup
and say hello to GOVERRE - a GLASS, portable wine glass with a
silicone sleeve and a drink-through lid!
Pre-order your glasses now, and hurry they are selling quick!
GOVERRE.com... See More
Like Comment Share
Saralyn Troester, Angie Tillman, Piper Ann Sheldon and 61 Top Comments
others like this.
13 shares
View all 12 comments
Goverre: Modern to-go cups for wine

1 hr
Our orange glass has been with us from day one! Reminiscing back to
the day of GOVERRE's inception... Just two GOVERRE girls who love
Page 2 of 14
of 14 7/12/17, 10:37 AM
nking "there's got to be a better way EXHIBIT P
ust shipments!
Jacqui Huber-Hanly and 5 others like this.
ps for wine
wn Ros recipe for you to fill your

ly/FUHZ30dmxoA TastyBev.co
Keenan and Lori Mussro like this.
ps for wine
Page 3 of 14
of 14 7/12/17, 10:37 AM
drink wine, you're an amateur and we EXHIBIT P
ch, Maggie Barrett and 4 others like this.
ps for wine
e just the thing on a hot day? Just keep

y/7MZi30dms1t Vogue
others like this.
ps for wine
ing from San Diego, the beach really

ERRE glass. We wanted to make a way
not worrying about it breaking outdoors!
s of the beach! Pre-order your
Page 4 of 14
of 14 7/12/17, 10:37 AM
EXHIBIT P
dorf, Tina West and 15 Top Comments
ickle Delivery trips! Headed to Rosemary

ere?! Maybe Cowgirl Feed & Seed??
Pickle delivery trip! That sounds

go to our website goverre.com you can look
GOVERRE... so maybe there will be one in
ys preorder some for next time!
re | Portable Wine Glasses

is a portable wine glass tumbler with
sleeve and a drink-through lid. Bring
Yes. They do make summers
ps for wine
ut and rose to success! And now he is

rv30dmp37
Page 5 of 14
of 14 7/12/17, 10:37 AM
EXHIBIT P
per Ann Sheldon and 3 others like this.
ps for wine
t shows where you can legally take your

ite alcoholic beverage and enjoy it
Keenan, Joanna R. Finney Top Comments
for my hometown...Sonoma!
that is a great hometown!
ps for wine
of a wine glass - and we've created the

can forget about those plastic cups!
Page 6 of 14
of 14 7/12/17, 10:37 AM
EXHIBIT P
Marianne DiCiurcio Keenan like this.
ps for wine
wine glass has a drink-through lid to help

oying wine outdoors!
sman and 15 others like this.
ps for wine
ter and you don't have to be a snob to

stic cups are out of the question!
- so you can drink wine, from glass, out
temware and so you don't have to suffer
August shipments! GOVERRE.com...
Page 7 of 14
of 14 7/12/17, 10:37 AM
EXHIBIT P
bato and Angela Strunk Houck like this.
ps for wine
, portable wine glass with a drink-through

stic outdoors!
sro and 8 others like this. Top Comments
It's an oldie but a goodie
ps for wine
.ly/RnBT30dmd9H The List
- Isenhower and 3 others like this.
Page 8 of 14
of 14 7/12/17, 10:37 AM
EXHIBIT P
hitely Rizzo like this.
ps for wine
ite wine glasses briefly explained!
ssro like this.
ps for wine
rth of July weekend?! GOVERRE got

solo cup in the grave this year!
Page 9 of 14
of 14 7/12/17, 10:37 AM
EXHIBIT P
and 6 others like this.
ps for wine
we have our GOVERRE glasses to drink

loaty pool cup holder, oh yesss!
Gardner, Brenda Crowe and 13 others like this.
ps for wine
rth of July tomorrow?
Page 10 of 14
0 of 14 7/12/17, 10:37 AM
EXHIBIT P
la Strunk Houck like this. Top Comments
oking out, and counting down the days till we
You know Brian, it's definitely

out, and we are constantly progressing and
to say, so this will definitely be considered
ps for wine
one who likes your red wine cold?! Here

an to be served cold!
llable-red-wines-20170628 Los Angeles
, Angela Strunk Houck and 3 others like this.
ps for wine
ou to drink wine virtually anywhere. Even

lm Springs!
Page 11 of 14
1 of 14 7/12/17, 10:37 AM
EXHIBIT P
erine Zappala Calla and 11 others like this.
ps for wine
BQs aren't complete without a tasty

RE glass - here's a recipe!
tonic-with-berry-ice-/ TastyBev.co
TastyBev.co and 6 others like this.
ps for wine
http://elitedaily.com//nasa-
Elite Daily
Page 12 of 14
2 of 14 7/12/17, 10:37 AM
EXHIBIT P
ps for wine
Shark Tank not to fret. We will be

rk your calendars!
, Cara Zappala and 12 others Top Comments
ou sell replacement lids? Mine tragically fell

her, and was incinerated during heated dry!
oh no!!!! that's awful!! hmmm...

that GOVERRE just sells the lids, but how
mail them at info@GOVERRE.com with your
ething can happen!!
ps for wine
to all of you who are traveling this

/story/how-to-order-wine-abroad Cond
ps for wine
lor this summer?
and Lori Mussro like this. Top Comments
tly from their site and they were all sold out!
We sold out as soon as the

will be available for order again in August!
reen and lavender! I had to get three so I had

Page 13 of 14
3 of 14 7/12/17, 10:37 AM
, my outfit, etc.
EXHIBIT P
haha I love that logic!
Page 14 of 14
4 of 14 7/12/17, 10:37 AM
GOVERRE - a chic, spill-proof, portable, stemless wine glass by Regan ... https://www.kickstarter.com/projects/1747683510/goverre-a-chic-spill-p...
EXHIBIT Q
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1 of 8 4/27/17, 11:33 PM
EXHIBIT Q
PLAY
Design San Diego, CA
GOVERRE - a chic, spill-

By Regan proof, portable, stemless wine
and
Shannon glass
2 created
Finally, you can take your favorite wine with you! Introducing the
first glass, portable wine glass! Pour. Seal. Pack. Enjoy.
$41,542 491 0
pledged of $100,000 goal backers seconds to go
Funding Unsuccessful
This project's funding goal was not reached on February 15.
Page 2 of 8
2 of 8 4/27/17, 11:33 PM
EXHIBIT Q
Rewards Campaign FAQ Updates 8 Comments 20 Community
About this project Support this project
We will be relaunching our Kickstarter

Pledge $5 or more
campaign, which you can find by clicking
here: http://bit.ly/kickstarterGOVERRE WE RAISE OUR GLASS:
Join the GOVERRE girls
and receive special
Hi! Thanks so much for checking out
GOVERRE updates and a
GOVERRE! We have spent the last year shout out on our webpage.
developing the first portable and Every dollar helps. Thank
you!!
spill-proof wine glass. Now, we need your
ESTIMATED
help to get them produced and into DELIVERY
everyone's hands! Feb 2014
3 backers
Pledge $28 or more
CHEERS!: Pre-order a set

of 2 GOVERREs for 30%
off the $40 retail price.
(Choose your colors at
survey time)
Includes shipping in the

USA
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Problem: Why the world needs GOVERRE May 2014 the world
A portable, glass, wine glass with a lid does not exist. Reward no longer
available
200 backers
Conventional wine glasses can easily spill or break unless in
a very controlled setting.
Page 3 of 8
3 of 8 4/27/17, 11:33 PM
Ready to Drink (RTD) options are extremely limited in EXHIBIT Q
selection and quality. Pledge $32 or more
Plastic, travel wine glasses can make your wine taste like SALUD!: Pre-order a set of
plastic. 2 GOVERREs for 20% off
the $40 retail price.
Solution: GOVERRE (Choose your colors at
survey time)
A glass, stemless wine glass with a silicone sleeve and a lid. Includes shipping in the
USA
Pour your favorite wine into your GOVERRE. Seal the lid.
Pack in your bag. Enjoy anywhere. ESTIMATED SHIPS TO
DELIVERY
Anywhere in
May 2014 the world
What is GOVERRE?
Limited
There are three components that make GOVERRE unique...
171 backers
Pledge $36 or more
CHIN CHIN!: Pre-order a

set of 2 GOVERREs for
10% off the $40 retail
price.
survey time)

USA
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
May 2014 the world
1. Glass 13 backers
Glass preserves the taste and integrity of your wine.
GOVERRE is thicker than a typical wine glass making it

Pledge $75 or more
durable.
THE MORE THE

GOVERRE's white glass is unique, chic, and intensifies the
MERRIER: Pre-order a set
color of the wine you are drinking.
of 4 GOVERREs (4
glasses total) for 10% off
Glass is easily recyclable and made from abundant natural
ingredients. It is BPA/BPS-free, delivers the best taste, and Page 4 of 8
4 of 8 4/27/17, 11:33 PM
cleans easily in the dishwasher. (Choose your colors at
EXHIBIT Q
survey time)
2. Silicone Sleeve
USA
The houndstooth-patterned and BPA/BPS-free silicone
sleeve gives GOVERRE added durability, prevents heat ESTIMATED SHIPS TO
transfer, and provides a no-slip grip. DELIVERY
Anywhere in
May 2014
the world
3. Lid
80 backers
GOVERRE can be enjoyed without its lid, but when the
elements are conspiring against you, GOVERRE can be
used with its unique and innovative spill-proof lid.
Pledge $300 or
Our lid is made of BPA/BPS-free and phthalate-free
more
polypropylene (PP#5) safe for everyday food and beverage
contact.
TOES IN THE SAND: A
romantic, sunset beach
GOVERRE is perfect for: backyard BBQs, boating, walks
picnic for 2 in beautiful
around the neighborhood, outdoor movies, street festivals,
Encinitas, CA. Enjoy
hikes, taking your dog for a walk, camping, the movies, art
Encinitas best farm to
festivals, Broadway, parades, picnics, the salon, polo fields, the
picnic basket cuisine. Also
pool, film festivals.
included are 4 of your
favorite GOVERREs.
Join us! Relax and enjoy the
gorgeous sunset while the
GOVERRE Girls take care
of all the work!
survey time)
ESTIMATED
DELIVERY
May 2014
Reward no longer
We have created a revolutionary travel wine glass! Our available
prototype is beyond fantastic. However, GOVERRE cannot 8 backers
succeed without YOU! We need your help to raise $100,000.
Pledge $1,000 or
more
SOARING OVER SAN

DIEGO: You and your
favorite person will
Pageenjoy 5 of 8
5 of 8 4/27/17, 11:33 PM
San Diego
the magnificent EXHIBIT Q
skyline and sunset aboard
a hot air balloon. Don't
forget your 4 favorite
GOVERREs for a toast in
the sky.
Our working prototype is fantastic; however, slight adjustments (Choose your colors at
will need to be made in order to ensure a precise fit among all 3 survey time)
components. To do this, our engineer must complete a final
manufacturing package ($15,000) to fine-tune and make sure ESTIMATED
DELIVERY
that GOVERRE is perfect.
May 2014
Our manufacturing partners are ready to go! They require a
Limited
total cost of $33,500 to make the molding/tooling for the:
2 backers
1. Four component lid
2. Silicone Sleeve
Pledge $5,000 or
3. Glass more
Please select one of the the various backer levels to the right and help us VIP VINEYARD TOUR:
get GOVERRE to market! We are so grateful for your support and help in You and a lucky guest will
creating the GOVERRE buzz. spend an unforgettable
day with the GOVERRE
Cheers! girls touring the award
winning Fallbrook and
xoxo, The GOVERRE Girls top-rated Temecula
wineries. Later that
Risks and challenges evening, we will dine at
one of San Diego's finest
restaurants. 4 of your
Meeting demand is an anticipated risk that we face. To mitigate favorite GOVERREs are of
this risk we have chosen suppliers that guarantee they can course included!
meet our projected demand in a timely manner. Production US Travel included. One
delays are a possibility when manufacturing a product with 3 night at a top San Deigo
separate components. To offset this risk we actively manage our Hotel included. (Choose
your colors at survey time)
supply chain. We have worked very hard to address and
minimize foreseen and unforeseen risks . We are confident that ESTIMATED
DELIVERY
this project will be successful!
May 2014
Learn about accountability on Kickstarter

Limited
2 backers
Page 6 of 8
6 of 8 4/27/17, 11:33 PM
Questions about this project? Check out the FAQ EXHIBIT Q
Pledge $10,000
THE INNER CIRCLE: Join

the GOVERRE girls in
bringing GOVERRE to life.
If you want to be apart of
Report this project to Kickstarter something larger ( creative
input, personalized
designs, etc ) this is the
reward for you!
ESTIMATED
DELIVERY
May 2014
Limited
0 backers
Funding period
Jan 16 2014 - Feb 15 2014 (30
days)
About us Help Discover Hello
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Who we are Our Rules Comics Journalism Company
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Kickstarter: 2016
Page 7 of 8
7 of 8 4/27/17, 11:33 PM
EXHIBIT Q
English
2017
Page 8 of 8
8 of 8 4/27/17, 11:33 PM
GOVERRE - a GLASS, portable wine glass by Regan and Shannon K... https://www.kickstarter.com/projects/1747683510/goverre-a-glass-portab...
EXHIBIT R
Share this project

Done

Share this project
Done
Tweet
Share
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Email
GOVERRE - a GLASS, portable wine

glass
Page 1 of 9
1 of 9 4/27/17, 11:32 PM
EXHIBIT R
Created by
Regan
and
Shannon
Page 2 of 9
2 of 9 4/27/17, 11:32 PM
702 backers EXHIBIT R
pledged
$63,457 to
help bring
this project
to life.
Pledge $5 or more
WE RAISE OUR GLASS:

and receive special
PLAY
shout out on our
webpage. Every dollar
helps. Thank you!!
ESTIMATED
DELIVERY
Oct 2014
San Diego, CA Design
$63,457 6 backers
pledged of $45,000
goal
702 Pledge $28 or more

backers
CHEERS to the pre-party:

Missed our campaign? Visit us at www.goverre.com to Pre-order a set of 2
pre-order your GOVERRE. GOVERREs for 30% off
Hi!! We are Regan and Shannon and we
survey time)
want to let you in on our little secret...
Page 3 of 9
3 of 9 4/27/17, 11:32 PM
ESTIMATED SHIPS TO
You no longer have to drink your wine out of water bottles, EXHIBIT R
DELIVERY
Anywhere in
coffee mugs, or red plastic cups while enjoying a glass of wine Oct 2014
the world
outdoors!
Limited
199 backers
Introducing GOVERRE... a GLASS, stemless wine glass with
a silicone sleeve and a lid.

around the neighborhood, outdoor movies, street festivals, Pledge $32 or more
hikes, the beach, taking your dog for a walk, camping, art
SALUD: Pre-order a set
festivals, Broadway, parades, picnics, polo fields, the pool, film
festivals...
survey time)
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
Reward no longer
available
7 backers
Pledge $32 or more
SALUD DEUX : Pre-order

Pool side
a set of 2 GOVERREs for
price. (Choose your
colors at survey time)
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
146 backers
Pledge $52 or more
CHIN CHIN to the early

bird: Pre-order a set of 4
GOVERREs (4 glasses
Page 4 of 9
4 of 9 4/27/17, 11:32 PM
the $80
total) for 35% offEXHIBIT R
Camping
retail price. (Choose your
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014 the world
Limited
99 backers
Pledge $60 or more
THE MORE THE

MERRIER: Pre-order a
set of 4 GOVERREs (4
Boating glasses total) for 25% off
survey time)
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
Reward no longer
available
53 backers
Pledge $60 or more
THE MORE THE

Picnics
MERRIER DEUX:
Pre-order a set of 4
We couldn't find ANYTHING to drink our wine out of at outdoor GOVERREs (4 glasses
venues that was glass, wouldn't spill and, of course, looked total) for 25% off the $80
chic. retail price. (Choose your
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
Page 5 of 9
5 of 9 4/27/17, 11:32 PM
127 backers EXHIBIT R
Pledge $90 or more
TO OUR BACKERS:
GOVERREs (6 glasses
total) for 25% off the $120
So we got to work and created something... GOVERRE! retail price. (Choose your
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
44 backers
Pour your favorite wine into your GOVERRE. Seal the lid. Pack in
your bag. Enjoy anywhere.
3 Things to LOVE about GOVERRE:

1. Glass
GOVERRE holds 17oz of your favorite beverage ours

happens to be wine.
durable.
GOVERRE's white glass is unique, chic and discreet.
2. Silicone Sleeve
The houndstooth-patterned silicone sleeve gives

GOVERRE added durability, prevents heat transfer and
provides a no-slip grip.
3. Lid
GOVERRE can be enjoyed without its lid OR can be used
with its drink-through, spill-proof lid.
Page 6 of 9
6 of 9 4/27/17, 11:32 PM
GOVERRE is of course BPA/BPS and phthalate-free and is EXHIBIT R
totally dishwasher safe. Pledge $300 or
more
Join us!
TOES IN THE SAND: A
picnic basket cuisine.
Relax and enjoy the
GOVERRE Girls take
We have created a revolutionary portable wine glass! Our care of all the work! 4 of
prototype is beyond fantastic. However, GOVERRE cannot your favorite GOVERREs
succeed without YOU! We need your help to raise $45,000. are of course included.
See the detailed graph below. (Choose your colors at
survey time)
ESTIMATED
DELIVERY
Oct 2014
Reward no longer
available
8 backers
Pledge $1,000 or
more
SOARING OVER SAN

DIEGO: You and your
favorite person will enjoy
the magnificent San
Diego skyline and sunset
aboard a hot air balloon. 4
of your favorite
GOVERREs are of course
included. (Choose your
ESTIMATED
DELIVERY
Our engineer must complete a final manufacturing package Oct 2014

Page 7 of 9
7 of 9 4/27/17, 11:32 PM
($8,000) to fine-tune our prototype to ensure a precise fit Limited EXHIBIT R
among the lid, glass and sleeve. 0 backers

total cost of $16,000 to make the molding/tooling.
Pledge $5,000 or
Please select one of the the various backer levels above and more
help us get GOVERRE to market! We are so grateful for your
support and help in creating the GOVERRE buzz. VIP VINEYARD TOUR:
You and a lucky guest will
Cheers! spend an unforgettable
xoxo, girls touring the award
The GOVERRE Girls top-rated Temecula
wineries. One night at a
Missed our campaign? Visit us at www.goverre.com to pre-order your
top San Diego Hotel
GOVERRE. Missed our campaign? Visit us at www.goverre.com to
included. Later that
pre-order your GOVERR
evening, we will dine at
Risks and challenges one of San Diego's finest
We have significantly reduced our original funding goal. Slight favorite GOVERREs are
of course included.
reductions were made to our engineering and manufacturing
costs by renegotiating with our engineering and manufacturing
survey time)
partners. In addition to the cost savings found, we had some
tough discussions and decided to tap into our savings and our ESTIMATED
DELIVERY
"just in case" bank accounts. Oct 2014
Meeting demand is an anticipated risk that we face. To Limited

mitigate this risk we have chosen suppliers that guarantee 0 backers
they can meet our projected demand in a timely manner.
Production delays are a possibility when manufacturing a

Pledge $10,000
product with 3 separate components. To offset this risk, we
actively manage our supply chain. We have worked very hard ONE OF A KIND: Join the
to address and minimize foreseen and unforeseen risks GOVERRE girls in
designing a custom
We are confident that this project will be successful! limited edition GOVERRE
made just for you or your
Learn about accountability on Kickstarter next corporate event!
Imagine the possibilities.
ESTIMATED
DELIVERY Page 8 of 9
8 of 9 4/27/17, 11:32 PM
Questions about this project? Check out the FAQ Oct 2014 EXHIBIT R
Limited
1 backer
Report this project to Kickstarter

Funding period
Mar 31 2014 - May 15 2014 (45
days)

Stats Trust & Safety Fashion Technology The
Newsletters Support Film & Video Theater Creative
Spotlight Terms of Use Food Independent
Drip Privacy Policy
The Year In
Kickstarter: 2016
English
2017
Page 9 of 9
9 of 9 4/27/17, 11:32 PM
EXHIBIT S
Page 1 of 2
EXHIBIT S
Page 2 of 2
EXHIBIT T
Page 1 of 2
EXHIBIT T
Page 2 of 2
EXHIBIT U
Page 1 of 1
EXHIBIT V
Page 1 of 1
Lowry Blixseth LLP Business | Intellectual Property | Litigation

EXHIBIT W
23632 Calabasas Rd., Ste. 201
Phone: 818.584.6460
Fax: 818.574.6026
Email: Info@LawLB.com
Web: www.LawLB.com
May 2, 2017
Shannon Zappala,, Managing Member

GoVerre LLC
2542 Corbel Way
San Marcos, CA 92078
Re: govino, LLC Intellectual Property

U.S. Trademark Reg. Nos. 3,586,708 and 4,063,605 for GOVINO
U.S. Trademark Reg. No. 4,712,133 for GO ANYWHERE
Docket: GOVINO
GOVINO-55361
Dear Ms. Zappala:
This firm represents govino, LLC of Newport Beach, California (govino) in

connection with its intellectual property matters. As you are probably already well
aware, govino has become a leading provider of original and distinctive wine-related
wine
products that include, inter alia
alia, its GoVino Go Anywhere shatterproof,
rproof, reusable,
recyclable stemless wine glasses, flutes, cocktail glasses, beer glasses, and
decanters (collectivelyy govino Products).
govino has expended considerable time, effort, and money procuring goodwill in
its go family of trademarks, which include ownership of U.S. Trademark Reg. No.
3,586,708 for GOVINO, which registered March 10, 2009 in connection with drinking
vessels (Exhibit A); U.S. Trademark Reg. No. 4,063,605 for GOVINO, which issued
November 29, 2011 in connection with wine,
wine, wine sold in a flexible pouch, wine sold in
a flexible pouch
uch with a disposable wine glass, and win
winee sold in a single serving size
(Exhibit B); and U.S. Trademark Reg. No. 4,712,133 for GO ANYWHERE, which
registered March 31, 2015 in connection with d decanters; drinking
rinking vessels
vessels (Exhibit C).
It has recently come to our attention that your company is marketing and selling
wine glasses under the mark G GoVerre and using the tagline
line any wine. any time.
t in
connection therewith. See Exhibits DD-F. A comparison of each respective mark is
shown below:
It is inevitable that such a similar mark will cause consumer confusion with
govinos go family of trademarks as identified above, especially given that your
company uses the GoVerre mark in association with products nearly identical to the
govino Products.
Page 1 of 21
EXHIBIT W
Page 2 of 21
Case 8:17-cv-01237 Document 1-2 Filed 07/19/17
EXHIBIT A Page 40 of 62 Page ID #:99
EXHIBIT W
Page 3 of 21
EXHIBIT B Page 41 of 62 Page ID #:100
EXHIBIT W
Page 4 of 21
EXHIBIT C Page 42 of 62 Page ID #:101
EXHIBIT W
Page 5 of 21
EXHIBIT D Page 43 of 62 Page ID #:102
EXHIBIT W
Page 6 of 21
Amazon.com | GOVERRE : a GLASS, portable, stemless wine glass with... https://www.amazon.com/GOVERRE-portable-stemless-drink-thro..
EXHIBIT E Page 44 of 62 Page ID #:103
Home & Kitchen

EXHIBIT W
Try Prime
EN Hello. Sign in 0
Kitchen & Dining Best Sellers Wedding Registry Small Appliances Kitchen Tools Cookware Bakeware Cutlery Dining & Entertaining
Sign in
New customer? Start here.
Customers who viewed this item also viewed
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1 of 6 4/27/17, 2:54 PM
EXHIBIT W
Ad feedback
Customers also shopped for
Special offers and product promotions

Color: Turquoise
Your cost could be $0.00 instead of $24.00! Get a $50 Amazon.com Gift Card instantly upon approval for the Amazon Rewards Visa
Card Apply now
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2 of 6 4/27/17, 2:54 PM
EXHIBIT W
Color:Turquoise
Product information
1 pounds (View shipping rates and

policies)
click
GOVERRE here
B017KWTUEW
15 customer suggest updates through

reviews seller support
4.1 out of 5 stars tell us about a lower price
#772 in Kitchen & Dining (See Top

100 in Kitchen & Dining)
#4 in Kitchen & Dining > Bar Tools
& Glasses > Bar, Cocktail & Wine
Glasses > Wine Glasses
Accessories
Glassware & Drinkware
November 4, 2015
Related Video Shorts
1:10
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EXHIBIT W
Ad feedback
Customer Questions & Answers

See questions and answers
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Back to top
EXHIBIT W
See all
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Unlimited Cloud Storage Score deals Books, art Audiobook Publishing Actionable Analytics Everything For
From Amazon on fashion brands & collectibles Made Easy for the Web Your Business
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EXHIBIT F Page 50 of 62 Page ID #:109
EXHIBIT W
Share this project

Done

Share this project
Done
Tweet
Share
Pin
Email
GOVERRE - a GLASS, portable wine

glass
Page 13 of 21
1 of 9 4/27/17, 11:32 PM
EXHIBIT W
Created by
Regan
and
Shannon
Page 14 of 21
2 of 9 4/27/17, 11:32 PM
702 backers EXHIBIT W
pledged
$63,457 to
help bring
this project
to life.
Pledge $5 or more
WE RAISE OUR GLASS:

and receive special
PLAY
shout out on our
webpage. Every dollar
helps. Thank you!!
ESTIMATED
DELIVERY
Oct 2014
San Diego, CA Design
$63,457 6 backers
pledged of $45,000
goal
702 Pledge $28 or more

backers
CHEERS to the pre-party:

Missed our campaign? Visit us at www.goverre.com to Pre-order a set of 2
pre-order your GOVERRE. GOVERREs for 30% off
Hi!! We are Regan and Shannon and we
survey time)
want to let you in on our little secret...
Page 15 of 21
3 of 9 4/27/17, 11:32 PM
ESTIMATED SHIPS TO
You no longer have to drink your wine out of water bottles, EXHIBIT W
DELIVERY
Anywhere in
coffee mugs, or red plastic cups while enjoying a glass of wine Oct 2014
the world
outdoors!
Limited
199 backers
Introducing GOVERRE... a GLASS, stemless wine glass with
a silicone sleeve and a lid.

around the neighborhood, outdoor movies, street festivals, Pledge $32 or more
hikes, the beach, taking your dog for a walk, camping, art
SALUD: Pre-order a set
festivals, Broadway, parades, picnics, polo fields, the pool, film
festivals...
survey time)
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
Reward no longer
available
7 backers
Pledge $32 or more
SALUD DEUX : Pre-order

Pool side
a set of 2 GOVERREs for
price. (Choose your
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
146 backers
Pledge $52 or more
CHIN CHIN to the early

bird: Pre-order a set of 4
GOVERREs (4 glasses
Page 16 of 21
4 of 9 4/27/17, 11:32 PM
EXHIBIT W
Camping
retail price. (Choose your
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014 the world
Limited
99 backers
Pledge $60 or more
THE MORE THE

MERRIER: Pre-order a
set of 4 GOVERREs (4
Boating glasses total) for 25% off
survey time)
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
Reward no longer
available
53 backers
Pledge $60 or more
THE MORE THE

Picnics
MERRIER DEUX:
We couldn't find ANYTHING to drink our wine out of at outdoor GOVERREs (4 glasses
venues that was glass, wouldn't spill and, of course, looked total) for 25% off the $80
chic. retail price. (Choose your
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
Page 17 of 21
5 of 9 4/27/17, 11:32 PM
127 backers EXHIBIT W
Pledge $90 or more
TO OUR BACKERS:
GOVERREs (6 glasses
So we got to work and created something... GOVERRE! retail price. (Choose your
ESTIMATED SHIPS TO
DELIVERY
Anywhere in
Oct 2014
the world
44 backers
Pour your favorite wine into your GOVERRE. Seal the lid. Pack in
your bag. Enjoy anywhere.
3 Things to LOVE about GOVERRE:

1. Glass
GOVERRE holds 17oz of your favorite beverage ours

happens to be wine.
durable.
GOVERRE's white glass is unique, chic and discreet.
2. Silicone Sleeve
The houndstooth-patterned silicone sleeve gives

GOVERRE added durability, prevents heat transfer and
provides a no-slip grip.
3. Lid
GOVERRE can be enjoyed without its lid OR can be used
with its drink-through, spill-proof lid.
Page 18 of 21
6 of 9 4/27/17, 11:32 PM
GOVERRE is of course BPA/BPS and phthalate-free and is EXHIBIT W
totally dishwasher safe. Pledge $300 or
more
Join us!
TOES IN THE SAND: A
picnic basket cuisine.
Relax and enjoy the
GOVERRE Girls take
We have created a revolutionary portable wine glass! Our care of all the work! 4 of
prototype is beyond fantastic. However, GOVERRE cannot your favorite GOVERREs
succeed without YOU! We need your help to raise $45,000. are of course included.
See the detailed graph below. (Choose your colors at
survey time)
ESTIMATED
DELIVERY
Oct 2014
Reward no longer
available
8 backers
Pledge $1,000 or
more
SOARING OVER SAN

DIEGO: You and your
favorite person will enjoy
the magnificent San
Diego skyline and sunset
aboard a hot air balloon. 4
of your favorite
GOVERREs are of course
included. (Choose your
ESTIMATED
DELIVERY
Our engineer must complete a final manufacturing package Oct 2014

Page 19 of 21
7 of 9 4/27/17, 11:32 PM
($8,000) to fine-tune our prototype to ensure a precise fit Limited EXHIBIT W
among the lid, glass and sleeve. 0 backers

total cost of $16,000 to make the molding/tooling.
Pledge $5,000 or
Please select one of the the various backer levels above and more
help us get GOVERRE to market! We are so grateful for your
support and help in creating the GOVERRE buzz. VIP VINEYARD TOUR:
You and a lucky guest will
Cheers! spend an unforgettable
xoxo, girls touring the award
The GOVERRE Girls top-rated Temecula
wineries. One night at a
Missed our campaign? Visit us at www.goverre.com to pre-order your
top San Diego Hotel
GOVERRE. Missed our campaign? Visit us at www.goverre.com to
included. Later that
pre-order your GOVERR
evening, we will dine at
Risks and challenges one of San Diego's finest
We have significantly reduced our original funding goal. Slight favorite GOVERREs are
of course included.
reductions were made to our engineering and manufacturing
costs by renegotiating with our engineering and manufacturing
survey time)
partners. In addition to the cost savings found, we had some
tough discussions and decided to tap into our savings and our ESTIMATED
DELIVERY
"just in case" bank accounts. Oct 2014
Meeting demand is an anticipated risk that we face. To Limited

mitigate this risk we have chosen suppliers that guarantee 0 backers
they can meet our projected demand in a timely manner.
Production delays are a possibility when manufacturing a

Pledge $10,000
product with 3 separate components. To offset this risk, we
actively manage our supply chain. We have worked very hard ONE OF A KIND: Join the
to address and minimize foreseen and unforeseen risks GOVERRE girls in
designing a custom
We are confident that this project will be successful! limited edition GOVERRE
made just for you or your
Learn about accountability on Kickstarter next corporate event!
Imagine the possibilities.
ESTIMATED
DELIVERY Page 20 of 21
8 of 9 4/27/17, 11:32 PM
Questions about this project? Check out the FAQ Oct 2014 EXHIBIT W
Limited
1 backer
Report this project to Kickstarter

Funding period
Mar 31 2014 - May 15 2014 (45
days)

Stats Trust & Safety Fashion Technology The
Newsletters Support Film & Video Theater Creative
Spotlight Terms of Use Food Independent
Drip Privacy Policy
The Year In
Kickstarter: 2016
English
2017
Page 21 of 21
9 of 9 4/27/17, 11:32 PM
Lowry Blixseth LLP Business | Intellectual Property | Litigation

EXHIBIT X
23632 Calabasas Rd., Ste. 201
Phone: 818.584.6460
Fax: 818.574.6026
Email: Info@LawLB.com
Web: www.LawLB.com
VIA E-MAIL
June 9, 2017
Darin Klemchuk
Klemchuk LLP
8150 N Central Expressway, 10th Floor
Dallas, Texas 75206
darin.klemchuk@klemchuk.com
Re: govino, LLC Intellectual Property

U.S. Trademark Reg. Nos. 3,586,708 and 4,063,605 for GOVINO
U.S. Trademark Reg. No. 4,712,133 for GO ANYWHERE
Docket: GOVINO-55361
Dear Mr. Klemchuk:
In response to your letter dated May 12, 2017, we completely disagree with your
assessment. First, your letter incorrectly presupposes that there have been no
incidents of confusion over the last four years. Second, it appears your client did not
have any sales/distribution until sometime after April 2015 when it completed a second
Kickstarter campaign after the first one failed in February 2014. Even so, GoVerre only
distributed around 3,000 glasses at that time, which is de minimus for this market.
Moreover, even if there has been no consumer confusion to date, it is not dispositive of
a likelihood of confusion. The Ninth Circuit has been instructive in this respect in that
difficulties in gathering evidence of actual confusion make its absence generally
unnoteworthy. Brookfield Commun., Inc. v. W. Coast Ent. Corp., 174 F.3d 1036, 1050
(9th Cir. 1999).
As you are already well aware, govino has expended considerable time, effort,
and money procuring goodwill in its go family of trademarks, which include its U.S.
Trademark Reg. No. 3,586,708 for GOVINO for use in connection with drinking
vessels; U.S. Trademark Reg. No. 4,063,605 for GOVINO for use in connection with
wine, wine sold in a flexible pouch, wine sold in a flexible pouch with a disposable wine
glass, and wine sold in a single serving size; and U.S. Trademark Reg. No. 4,712,133
for GO ANYWHERE for use in connection with decanters; drinking vessels
(collectively govino Marks). There is nothing about the word go that makes it generic
or merely descriptive of these products. Even if it were, the govino Marks have
acquired distinctiveness through govinos extensive, continuous, and exclusive use for
nearly the last decade and serve to designate govino has an exclusive manufacturing
source of products identified as such.
Page 1 of 4
Case 8:17-cv-01237
GoVerre LLC Document 1-2 Filed 07/19/17 Page 60 of 62 Page ID #:119
June 9, 2017
Page 2 EXHIBIT X
Your letter even admits that the word verre in your clients mark translates into
glass, which is generic for your clients products under the Doctrine of Foreign
Equivalents. Thus, the only non-generic aspect of your clients mark is the word go,
which is identical to govinos go family of trademarks. For all practical purposes, the
marks are, therefore, nearly indistinguishable.
Your clients wine glasses are drinking vessels specifically marketed to wine
drinkers, which falls squarely within the scope of the broad protection afforded by the
govino Marks as mentioned above. To this end, your clients goods and the trade
channels through which they travel are identical to govino. Thus, my client maintains its
opinion that brand confusion is inevitable.
Moreover, the fact that govino obtained not one but four design patents for
various drinking glass and decanter designs incorporating govinos trade dress rights in
its distinctive notched indent is presumptive evidence of non-functionality, contrary to
your letter. Fuji Kogyo Co., Ltd. v. P. Bay Intern., Inc., 461 F.3d 675, 683 (6th Cir. 2006)
(A design patent . . . is presumptive evidence of nonfunctionality, evidence that may
support a similar trademark claim.). Your clients oval formation mimics govinos trade
dress and is likely to cause consumer confusion, especially when taken together with
the other similarities mentioned above.
Thus, given that GoVerre has now been aware of its infringing activity for over a
month, govino demands that GoVerre agree to mitigate its infringing activity no later
than June 16, 2017 and begin immediately to take the following actions:
1. Immediately cease and desist from all use of GoVerre, Any Wine. Any
Time., and the oval formation as stated herein and in our May 2, 2017
letter;
2. Immediately cease and desist from reproducing, displaying or distributing, or

otherwise using or selling any product or service bearing GoVerre, Any
Wine. Any Time., and the oval formation, including removing all infringing
articles from the GoVerre website and retail stores;
3. Pay govino monetary damages for willful trademark infringement, trade dress
infringement, and unfair competition, and pay govino a reasonable royalty
based on the proceeds GoVerre received during the time period of infringing
use; and
4. Pay govinos attorneys fees and costs incurred in connection with this matter.
To ascertain the monetary damages govino has suffered, provide the following
information regarding use of GoVerre, Any Wine. Any Time., and the oval
formation, and the sales activities since your client started selling product under these
confusingly similar marks:
Page 2 of 4
Case 8:17-cv-01237
June 9, 2017
Page 3 EXHIBIT X
1. Identify all infringing product lines, including those not specifically mentioned
above;
2. For each infringing product line, state the date that such product line was first
offered for sale;
3. For each infringing product line, state the number of units sold to date;
4. State the commission or profits, if any, realized as a result of such sales;
5. State total revenue figures received for each product line;
6. Provide a customer list of those who have purchased the infringing articles,
for each product line; and
7. Provide the name(s) and addresses(es) of any and all manufacturers from
whom you have purchased infringing articles.
It is govinos policy to vigorously enforce its intellectual property and other related
rights in connection with its products. The relief govino demands of GoVerre is far less
now than what it would be entitled to in a legal action, which would include govinos
actual damages, treble or punitive damages, and attorneys fees. govino offers this final
accommodation in the hope that GoVerre will take advantage of the opportunity to stop
its infringing conduct now, without inflicting further harm on govino or further increasing
its own liability.
Should GoVerre refuse to comply with the above, govino has both the resolve
and the resources to enforce its intellectual property rights. For the avoidance of doubt,
govino has already brought five recent lawsuits in the United States District Court for the
Northern and Central Districts of California and Eastern District of Texas for patent
and/or trademark infringement of wine glass products, including infringement of govinos
registered GOVINO marks and the trade dress rights in its notched indent.
///
///
///
Page 3 of 4
Case 8:17-cv-01237
June 9, 2017
Page 4 EXHIBIT X
Absent GoVerres agreement to mitigate its infringing activity by June 16, 2017
and to provide substantial evidence of said remediation by June 27, 2017, govino will
file a complaint against GoVerre in the U.S. District Court for the Central District of
California for, inter alia, trademark infringement under the Lanham Act on June 30,
2017, followed by filing petitions to cancel GoVerres U.S. Reg. Nos. 4,765,018 for
GOVERRE; and 4,818,372 for ANY WINE. ANY TIME.
Yours Very Truly,
Scott M. Lowry
Lowry Blixseth LLP
SML:jc
Enclosures
cc: govino, LLC
Page 4 of 4

Govino v. Goverre - Complaint

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Case 8:17-cv-01237 Document 1 Filed 07/19/17 Page 1 of 17 Page ID #:1

1 SCOTT M. LOWRY (CA Bar No. 244504)

14 UNITED STATES DISTRICT COURT

17 GOVINO, LLC, a Delaware limited Case No. 8:17-cv-1237

1 COMPLAINT FOR DAMAGES

1 GoVerre 372 Registration) (Exhibit T).

1 paragraphs 1-51 above.

20 paragraphs 1-55 above.

25 an exclusive manufacturing source of such products.

27 Infringing Glasses is likely to cause customer confusion or to cause mistake or to deceive as to

1 origin, sponsorship, or approval of the GoVerre Defendants goods, services, or commercial

23 paragraphs 1-62 above.

27 enumerated in detail above.

24 paragraphs 1-68 above.

28 Bus. & Prof. Code 17200. et seq.

18 paragraphs 1-74 above.

1 associated with the GOVINO Trademarks and govino Trade Dress.

8 paragraphs 1-79 above.

12 services and GoVerre Defendants containers for goods.

15 misleading description of fact, or false or misleading representation of fact, which is likely to

16 cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association

17 of GoVerre Defendants with govino, or as to the origin, sponsorship, or approval of Defendants

18 goods, services, or commercial activities by govino.

21 and have unjustly enriched themselves at govinos expense.

26 PRAYER FOR RELIEF

1 a. Defendants and their parents, affiliates, subsidiaries, officers, agents, servants,

Wine Glass Flute Beer Glass Decanter Cocktail Glass

GOVINO PRODUCT PACKAGING (Classis Hand Wash Series)

Wine Glass Flute Beer Glass Decanter Cocktail Glass

GOVINO PRODUCT PACKAGING ((Dishwasher Safe Series)

Wine Glass Flute Beer Glass Decanter Cocktail Glass

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Email or Phone Password EXHIBIT P