Whole Foods’ “Criterion Collection” Wines Infringe Trademark, Video Company Alleges

Video publisher The Criterion Collection has filed a trademark dilution
suit against Whole Foods and an alcohol supplier alleging that a line
of wines introduced in June 2015 infringed on its name. The Criterion
Collection v. Whole Foods Mkt., No. 15-7132 (S.D.N.Y., filed September
10, 2015). The Criterion Collection has licensed and published classic
films with additional “value added” content since 1984, beginning with
Citizen Kane. “To the consuming public, ‘The Criterion Collection’ has
become, over time, broadly associated with technical excellence, artistic
value and cultural importance,” the complaint asserts. In 2015, Whole
Foods and Winery Exchange, Inc. began selling “Criterion Collection”
wine purported to be hand-selected by the grocery chain’s master
sommelier, Devon Broglie. The Criterion Collection alleges that this use
infringes its trademark under the Lanham Act and New York law and
seeks a permanent injunction and damages.

Issue 578