Judge Crone issued a detailed opinion, and determined that the Gallo mark was distinctive and subject to trademark protection. Spider Webs was found to have registered the domain name is bad faith, and the site was ordered transferred to Gallo. Several wineries have used the Uniform Domain Name Dispute Resolution Policy as an alternative to going to court to protect wine brands and trademarks. Some of these disputes could have been avoided with proactive registration of winery domain names. Registration of a domain name is just as important as protecting the wine label, and should be conducted along with trademark registration.
Many consumers now look to the internet for information about wineries.
Besides producing good wine, one of the best ways for a wine and beverage maker to succeed in the global market is to have a strong trademark or brand identity. Few producers have taken steps to protect winery names on the Internet. Twenty-eight UDRP cases were filed in 2000 by winery and beverage interests. Another thirty-five cases have been filed in 2001. The resources available on UDRPlaw.net will help wineries see which cases have been filed, who has been successful, and how to protect winery marks in the future.