Casella Wines VS TWG: The Case of the Wallaby and the Kangaroo

Dear Client: Does the kangaroo featured on The Wine Group's Little Roo wine label too closely resemble the wallaby on Yellow Tail? That's what Judge Berman of the Southern District of New York has to determine. Casella Wines (producers of Yellow Tail) filed a lawsuit October 29, 2010, accusing The Wine Group (TWG) of trademark infringement regarding its Little Roo Australian Chardonnay, Merlot and Shiraz. In 2001 Casella Wines began marketing Yellow Tail in the United States with a picture