Wines & Vines

May 2018 Packaging Issue

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16 WINES&VINES May 2018 WINE INDUSTRY NEWS S a n t a B a r b a r a , C a l i f. — Thornhill Companies has reached a cash settlement and obtained a contributory trade- mark infringement finding against CustomVine Corp. and its CEO after a lengthy dispute over wines sold under a Thornhill brand name. Nicholas Miller, whose family's Thornhill Companies holdings in- clude the Turn Key brand, said that CustomVine CEO Kevin Boyer began bottling and selling inferior wine using Turn Key and other labels. "They took our Santa Bar- bara Chardonnay with my broth- er's only daughter's name on it and put a California appellation on it," Miller said, noting that this was just one of the wines that CustomVine, a cus- tom-wine producer and brand developer, sold under Turn Key-owned labels. "It was such a callous disrespect for other people's marks. We had federally registered that name [Eleanora Marie]." U.S. District Court Judge R. Gary Klausner entered a judgment against CustomVine and CEO Kevin Boyer for contributory trademark infringement against four Turn Key brands, and the parties reached a $315,000 settlement, Miller said. Miller is vice president of sales and marketing for Thornhill, and his brother Marshall is vice presi- dent of operations. Their father, CEO Stephen Miller, runs the company, which manages three vineyards, including the esteemed Bien Nacido in the Santa Maria Valley, as well as custom-crush wine facilities and estate wine labels, among other concerns. The Millers originally hired Boyer in 2013 as an executive consultant and national on-prem- ise sales manager, after Boyer left his post as vice president of online retailer Lot18. When Boyer and Lot18 wine flash site founder Philip James launched Custom- Vine, Turn Key was one of the original investors. "At the time we thought we had a syner- gistic arrangement," Nicholas Miller said. "But basically none of the programs Kevin said were going through were hitting. Of all the restau- rants Kevin brokered, none of them came Thornhill Wins Wine Brand Infringement Case QST offers its clients……. Professionally fabricated stainless tanks 35 years of tank fabrication experience Performance & reliability guarantees Custom designs & modern features Quick & competitive tank project pricing On site tank repairs & modifications Special application tanks of all sizes "In stock tanks" from 500 to 10,000 gallons 510 Caletti Ave. Windsor, Ca. 95492 Phone 707-837-2721 or Toll-Free 877-598-0672 www.qualitystainless.com Company Website winetanks@aol.com email contact/sales info Custom Fabricated Tanks for the perfect size & fit… or Ready to Ship "Stock Tanks" Either way QST is ready to assist our clients! Call QST today for information or pricing! QUALITY STAINLESS TANKS The label at the top is for a 2013 Santa Barbara County Chardonnay produced by the Thornhill Companies. The bottom label was for a 2014 California Char- donnay bottled under the Eleanora Marie brand by CustomVine and was one of the brands that resulted in legal action by the Thornhill Companies.

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