Louisiana Record

Wednesday, January 22, 2020

Wine wholesaler sued for trademark infringement

By Kyle Barnett | Nov 9, 2012

Patricia A. Krebs

NEW ORLEANS – A wine wholesaler is being sued by a man who claims it appropriated his business's name.

David Martin filed suit against Wines Unlimited, Inc. in the Orleans Parish Civil District Court on Sept. 21.

Martin claims that he runs and operates a wine wholesaler that has been named "Wines Unlimited" since 1950. The plaintiff claims that the defendant operates under the same name "Wines Unlimited" via a website and sells wines in the state of Louisiana. Martin asserts that he sold 104,250 cases of wine and spirits throughout Louisiana in 2011 alone and that he registered his company "Wines Unlimited" with the Louisiana Secretary of State on Aug. 24, 2012.

The defendant is accused of trade name infringement, trade name dilution, unfair and deceptive trade practices and unjust enrichment.

The plaintiff seeks to restrain the defendant from using the name "Wines Unlimited" in any business conducted within the state and restrain the defendant from using a derivative of the name "Wines Unlimited" in the state.

Martin is represented by Patricia A. Krebs of New Orleans-based King, Krebs, & Jurgens, PLLC.

The case has been assigned to Division L Judge Kern A. Reese.

Case no. 2012-09000.

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State of Louisiana