The suit, filed in the U.S. Southern District of New York, charged that Grape Finds infringed on Best Cellars' intellectual-property rights. Grape Finds' founder John Mazur, co-partner Doug Campbell, and general manager Michael Green referred calls to their law firm, which declined to be interviewed at this stage in the legal proceedings. Last month, Judge Robert Sweet issued a decision favoring Best Cellars. Under the particular facts of this case, the balance tips in favor of protection. The judge is expected to soon issue a preliminary injunction providing guidance in how Grape Finds needs to change its store to satisfy him.
Trade dress protects businesses that create an inherently distinctive look and feel.
Battles over similar retail designs pop up occasionally in federal courts. Best Cellars was helped by a 1992 case in which Taco Cabana of San Antonio, a Mexican restaurant chain, accused rival Two Pesos of aping its festive, colorful restaurant design. Though individual design elements could be considered generic and not protected under law, the entire package was distinct enough for the U.S. Supreme Court to rule in favor of Taco Cabana. Best Cellars' founders insist they have an even stronger case. Their first store, designed by Rockwell Group and opened in New York City in 1996, achieved acclaim within the industry.