Court action over Evans & Tate's Butterball chardonnay

Another Australian winemaker has become embroiled in a label dispute in the US courts.

Following Treasury Wine Estates extended court action with Stag’s Leap Wine Cellars and Ste. Michelle Wine Estates over its "The Stag" brand, McWilliam's Wines has been served with a trademark infringement lawsuit over its Evans & Tate Butterball chardonnay.

Turkey company Butterball filed a complaint on December 12 in the US District Court stating that McWilliam’s Wines import and distribution in the US occurs “through brick and mortar and online retailers that allow North Carolina residents to make and receive direct purchases of its wines …” and that the company’s “acts of unfair competition and infringement ... are causing harm to Butterball in North Carolina and in this judicial district.”

Butterball states that its trademarked goods and services range from turkeys and marinades to fat fryers and mobile device software. The complaint goes on to say, “The consumer goodwill associated with the BUTTERBALL Marks is one of Butterball’s most valuable assets. Accordingly, the integrity of the BUTTERBALL Marks is extremely important to Butterball and crucial to the continued vitality and growth of Butterball’s business.”

Attorneys for McWilliam’s have yet to file an appearance in the case.

Butterball is part of the Evans & Tate Expressions range, initially released in 2015 and targeted at millennials. Each product in the range is named to communicate the wine’s style and flavour profile, ie “Butterball Chardonnay”, "Fresh as a Daisy Semillon Sauvignon Blanc and “Smooth Operator Cabernet Merlot”.