Joseph Gallo Ready to Fight Brothers’ Suit

If Ernest and Julio Gallo thought a lawsuit would convince their brother Joseph to amicably leave the family name to their wines and remove it from his cheeses, they were wrong.

Joseph Gallo’s attorney, John Whiting, accused the two brothers Thursday of waging “a vendetta” against his client and “anyone who tries to use the family name.” Whiting predicted a bitter legal battle over use of the family name and promised to file a countersuit against E&J; Winery within 20 days.

Ernest and Julio Gallo are co-owners of the winery, based in Modesto and reputedly the world’s largest. Joseph Gallo owns a sizable farming and dairy operation based in Livingston, Calif., where, among other things, he produces Cheddar and Monterey Jack cheeses for the retail market in packages brightly labeled Joseph Gallo .

“Ernest and Julio feel they own the Joseph Gallo trademark,” Whiting said in an interview. “The Joseph Gallo trademark is owned by Joseph Gallo. It is the only trade name he has ever used. Joseph feels very strongly about this; it was his father’s name. He has never used the Gallo name alone. Never.”

Unfriendly Atmosphere

Whiting disputed the wine makers’ contention that their lawsuit filed Tuesday is “not a personal matter.” They seek no damages, just an end to their brother’s use of the name Joseph Gallo on the cheese retailed by Joseph Gallo Cattle Co.

“This is obviously not going to be a friendly lawsuit,” Whiting said. “The pleadings in the court action indicate that for some reason or other, they are attacking Joe Gallo to hurt him in the marketplace.”

Whiting took particular issue with allegations by Ernest and Julio Gallo that Joseph Gallo has little personal connection with cheese and suggesting that “cheese is a dangerous product.” The brothers’ lawsuit refers to recent cases of cheese contamination and expresses concern that their wine sales could be hurt should their brother’s cheeses be involved in something similar.

Joseph Gallo cheeses have won gold medals at the Orange County Fair for the last two years, Whiting said. “Ernest and Julio have eaten a lot of it and been very complimentary about it,” he added.

The countersuit also will name Consolidated Foods, which uses the Gallo trademark under license on its dried salami, he said. “It is our position that the two large companies together have joined for the purpose of trying to stop Joseph Gallo.”

Ernest and Julio Gallo, chairman and president, respectively, and co-owners of the winery, filed their lawsuit in U.S. District Court in Fresno.