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Tom Gallo, left, and Sue Devitt mix pizza sauce for the pizza kits they make Converse Chuck Taylor Ii at Blue Ridge Food Ventures.
"We thought we were fine because we were in a completely different class in the world of trademarks," said Devitt, adding that her company was trademarked in Class 30 under Pizza Kits. "E. J. Gallo Winery does not sell anything in Class 30," she said.
Gallo forces Asheville company to change name
the cheese maker, countered with accusations that his brothers made cheap wine to sell to drunks."
According to a 1989 Los Angeles Times article about the contentious three year legal battle, the wine making Gallos "accused their brother of running a rat infested cheese plant; lawyers for Joseph Gallo, Converse All Star Lo Platform Sneaker White
A fighting chance?
EDT June 27, 2014
his own name on his brand of cheese.
Husband and wife team Tom Gallo and Susan Devitt have been forced by E. J. Gallo Winery to change the name of their small company from "GalloLea Pizza Kits" to "BelloLea Artisan Kitchen." The name change is a result of a December 2012 accusation in that the small, Asheville based company was infringing on the California Converse Chuck Taylor All Star Ii Low Top
When E. J. Gallo discovered in 2009 that a small Seattle store, The Spanish Table, was selling the product, the winery's lawyers delivered a cease and desist order informing the owners of the mom and pop shop that they would be sued, unless they removed the pasta from their shelves.
After being approached by the winery, Gallo and Devitt sought legal counsel, figuring their small business had a fighting chance to win the argument and the name.
E. J. Gallo Winery is the largest exporter of California wine, and one of the largest wineries in the world. Dozens of brands fall under the company's label, including Barefoot Wine, Turning Leaf, Carlo Rossi and Boone's Farm.
Husband and wife team Tom Gallo and Susan Devitt have been forced by E. J. Gallo Winery to change the name of their small company from "GalloLea Pizza Kits" to "BelloLea Artisan Kitchen." The name change is a result of a December 2012 accusation in that the small, Asheville based company was infringing on the California company's trademark.
"But that was before we understood how things progress," said Devitt, noting the Gallo brothers' history of litigious behavior.
Tom Gallo, half of the GalloLea moniker (the other half belongs to a family friend), said he was, at first, determined to continue to use his family name on his pizza kit, which incorporates his grandmother's pizza sauce recipe.
In 1989, Ernest and Julio Gallo won a lawsuit against their own younger brother, Joseph, to prevent him from using Converse For Girls All Stars
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