Ernest and Julio Sue Brother : Wine, Cheese Don’t Go Together in Gallo Family

To many, wine and cheese may seem like a marriage made in heaven. But to the world’s largest winery, the union should not be blessed by the Gallo family name.

E&J; Gallo Winery asked a federal court in Fresno on Tuesday to order a brother of the wine makers to stop marketing Joseph Gallo brand Cheddar and Monterey Jack cheeses.

The lawsuit claims that Joseph Gallo, younger brother of Ernest and Julio Gallo, is infringing the Gallo winery’s registered trademark, even though the brand happens to be his own given name.

The winery seeks no damages against Joseph Gallo Cattle Co. of Livingston, Calif., only an order prohibiting use of the Gallo name. The cattle company, a partnership owned by Joseph Gallo and his son Michael, has large farming interests in Central California, raising grapes, sweet potatoes, hogs and dairy products besides cattle. It has no connection with the winery.

The company formerly sold cheese wholesale in bulk but now retails it with the name Joseph Gallo appearing on the packages in bright red.

“This is not a personal matter and in no way should it be considered as a personal matter,” according to Gallo winery spokesman Dan Solomon. Ernest and Julio Gallo have a “very warm” regard for Joseph, he added.

“This court action was necessary to protect the Gallo trademark,” Solomon said. “The Gallo trademark is one of the most celebrated trademarks in the world. Its strength is due to a lifetime of effort, extending more than half a century by Ernest and Julio Gallo.”

The lawsuit, filed on behalf of Gallo winery by the Los Angeles law firm of O’Melveny & Myers, claims that the winery spent “in excess of $250 million” in advertising and promoting the brand since its founding in Modesto in 1933, shortly after the end of Prohibition.

Federal law requires copyright holders to take “appropriate steps” to protect their trademarks or risk losing some of their rights under the law, Solomon said.

According to the suit, the winery has already licensed use of the Gallo name to Consolidated Foods for use on its retail meat and cheese products, including Gallo brand dried salami. The lawsuit describes Gallo wine as “the largest selling brand of wine in the United States and probably in the world.” In contrast, it claims, Joseph Gallo “personally does not act as a cheese maker, has no experience or reputation as a cheese maker and is not known to consumers of cheese.” The result of his use of the family name is to sow “confusion” among consumers, it claims.

Were sickness or death to occur due to contaminated cheese bearing the Gallo name, the suit maintains, referring to recent cases involving several Southland makers of Mexican-style cheeses, the resulting publicity could harm sales of the winery’s products.

Merced attorney John Whiting, representing Joseph Gallo Cattle Co., could not be reached Wednesday for comment. But the Fresno Bee quoted Whiting as saying that the company intends to file a countersuit. “Our position,” Whiting reportedly said, “is that the U.S. Supreme Court has ruled that a person has the right to use his own name given him by his parents in connection with his business.”