Hollywood Attorney Sues 19 Crimes Wines Maker Over Dracula-Themed Wine
(Photo: 19 Crimes)
Hollywood attorney and winemaker, Michael Machata filed a lawsuit against Treasury Wine Estates, the markers of Penfolds and 19 Crimes wines. Machata alleged the competing wine brand infringed on his trademarks with its Halloween red wine, the 19 Crimes Dracula Red Blend. The legal battle is set to take place in the Central District Court of California.
Background
Treasury Wine Estates (TWE) has a global portfolio that is available in more than 70 countries and includes brands such as Penfolds, 19 Crimes and Pepperjack. In October 2023, the TWE released two limited edition wines a red blend and Cabernet Sauvignon featuring Dracula and Frankenstein under the 19 Crimes label. This wine label started out by featuring 19th-century convicts banished to Australia but as since collaborated with celebrities like Martha Stewart and Snoop Dogg.
Machata has a background as a successful lawyer specializing in the music industry and trademarks with famous clients like Sugar Ray Robinson, The Kinks, The Rolling Stones, The Who and Phil Collins. He has also brought several cases before the US Supreme Court and previously tackled legal battles against prominent companies like Hershey’s, Taco Bell, and Applebee’s through his company, Vampire Family Brands. His Vampire Vineyards winery includes a diverse portfolio of vampire-themed products, from wine and spirits to coffee and chocolate.
The Case
According to court documents obtained by The Australian, Machata claimed TWE knowingly produced and marketed its Dracula-themed wine despite Machata’s ownership of the trademark.
The documents stated, “Defendants knew of plaintiff’s prior existing and trademarked Vampire family of brands, and wilfully decided to infringe upon plaintiff’s trademarks because they are the largest premium wine company in the world and have the money to pay attorneys to fight this out in court while they cash in unlawfully exploiting plaintiff’s trademarks for a Halloween promotion designed to benefit defendants and harm plaintiff.”
Machata asserted that the 19 Crimes Dracula wine, when distributed through various channels, is likely to “cause confusion, mistake, and to deceive the public at large.”
The lawsuit demands extensive penalties from TWE including at least $15 for every bottle of the infringing wine sold in the US and approximately $36 per bottle of 19 Crimes Dracula sold in bars and restaurants.
A spokeswoman for Treasury Wine said, “Treasury Wine Estates treats the intellectual property rights of others with the utmost respect. We stand by the integrity of our brands but we cannot make any further comments regarding this case while it remains pending.”
Machat began his Vampire wine brand in 1988 with his first batch called “Sip the Blood of the Vine” to promote an Alice Cooper album. The longevity of his brand may put TWE at a disadvantage but it will be up to the courts to decide.
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