Buffalo Trace Co. Tells 9th Circ. Jury Should've Heard TM Suit

Law360 (September 10, 2019, 9:49 PM EDT) -- Buffalo Trace bourbon maker Sazerac Co. Inc. urged the Ninth Circuit at a hearing Tuesday to revive its trademark infringement suit over Fetzer Vineyards' buffalo-themed wine, arguing a district court judge wrongly dismissed its monetary damages claim, leading to a bench trial rather than the jury trial Sazerac should have received.

U.S. District Judge William Orrick ruled in April 2017 that Sazerac could only seek injunctive relief in the case, not monetary damages, because it never presented an expert to offer what a reasonable royalty would be, even though it said it would in initial disclosures. That decision sent the case to...

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