Delicato Vineyards is suing the Chilean wine producer Concha y Toro. According to international media reports, the US winery is convinced that the labels of Concha y Toro's Frontera wine range violate the rights of its Nighthawk brand. Both labels feature a mountain range with an eagle in the foreground. Delicato thinks the similarities could likely cause confusion.
"Defendants' identical use of the bird of prey and evening or night sky on its product label and packaging creates an overall commercial impression that is identical to Delicato's Nighthawk Trademarks," is found in the complaint.
Frontera's labels were first redesigned last year, and a 3-litre box wine was relaunched. Both wine lines are sold in the US. Accordingly, Delicato demands Concha y Toro to refrain from further using the visual material on their labels and to pay damages to Delicato.
Delicato Family Wines and Concha y Toro are among the largest wine companies in the world. Delicato's annual turnover is around €400 million, while Concha y Toro turns over around €750 million annually. aw
