Italian organization demands transfer of prosecco.com and proseccoDOC.com.
Consorzio di Tutela della Denominazione di Origine Controllata Prosecco, an Italian organization that manages and oversees the “Denominazione di Origine Controllata” (“DOC”) designation for Prosecco, has filed a lawsuit in an effort to get the domains prosecco.com and proseccoDOC.com.
The organization filed the lawsuit in the United Kingdom, and a U.S. company says it was filed against the previous owners of the domain.
In response, U.S.-based Best Drinks, LLC, which claims to be the actual registrant of the domains, has filed a lawsuit (pdf) in Virginia for declaratory relief.
Best Drinks’ lawsuit notes that the Italian organization attempted to trademark the term in the United States but was rebuffed by the U.S. Patent and Trademark Office because the term “does not function as a certification mark indicating regional origin.”
The company alleges that the initial lawsuit was filed in the U.K. as an attempt at forum shopping because the UK takes a more generous view of geographic indications. The primary person named in that lawsuit currently lives in the UK, but Best Drinks alleges that person is the prior owner of the domains.
A response in the UK lawsuit is due October 22. Best Drinks is asking the court to issue a temporary restraining order to prevent the domains from being transferred to the Italian organization.
Attorney Jeffrey Neuman is representing Best Drinks.
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