When mommys attack, over wine

SAN FRANCISCO, CA -- Selling wine to moms is important enough to a pair of rival companies that they have taken the use of the term "mommy" to federal court.

Clos Lachance Wines, a California company, on Monday filed suit here in an attempt to get the court to rule that its "MommyJuice" does not violate the trademark of "Mommy's Time Out," which is marketed by a New Jersey distributor.

"Mommy is a generic word that they don't have a monopoly on," said KC Branch, an attorney who represents Clos Lachance. The owner of "Mommy's Time Out" declined to comment on the lawsuit.

In trademark violation cases, a brand owner must show it is likely a rival mark will create confusion in the minds of consumers.

As they say on TV, the future remains cloudy.

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