A dispute over the commercial use of their family name has lead winemakers Frank Mitolo and his cousin Vito to court.
Frank is the founder of Mitolo Wines, formed in 1999. Vito and his son Tony have been producing the V.Mitolo & Son label since 2013.
Both are actively exporting their labels, with 50% of Mitolo Wines’ produce heading overseas.
Frank lodged a statement of claim in December alleging trademark breaches resulting in reputation damage and is seeking damages and costs.
Last week, Vito counter claimed, allegeding Frank misled and deceived him during the design phase of his wine label.
Frank’s claim asserts: “Through its history of promotion, advertisement and sales of wines in Australia since at least 2000, (Mitolo Wines) has developed a substantial reputation and goodwill in the Mitolo Wines mark throughout Australia, such that consumers associate the (trade) mark exclusively with the applicant. The applicant has sustained loss and damage by reason of the aforesaid wrongful acts and conduct of the respondents and will, unless such acts are restrained, continue to suffer such loss and damage.”
Vito’s cross-claim asserts his son Tony had a Facebook conversation with Frank in 2014 where they came to an agreement on labelling.
“I think the label is nice and you have every right to use your name,” Frank wrote. “It’s just that Mitolo is too prominent. Can you perhaps make Waveform the main brand and V. Mitolo & Son is reduced in size and not so prominent?”
Tony reduced the prominence of “Mitolo” on the label and Frank replied: “I’m happy with the compromise. It still looks good and no longer looks like it could be one of our brands.”
But, in August last year Frank’s lawyers sent a letter to Vito and Tony alleging trademark infringements and demanding the pair stop selling their wine.
Tony and Vito refused. The pair are now seeking damages of their own, alleging Frank has breached consumer law.
Things are about to become even more awkward for the Mitolo family – the warring factions are about to become neighbours in McLaren Vale: Vito’s cellar door and Tony’s restaurant Pizzateca are in Chalk Hill Road, while Frank is in the final stages of constructing a cellar door and restaurant on McMurtrie Road.
The next court date for the family feud is in early April.
