“I never drink … wine,” actor Bella Lugosi proclaims in the 1931 film Dracula while playing the titular vampire. But despite the blood sucker’s protestations, Dracula now appears on at least two wine labels, and for the owner of at least one of them, that hasn't been ideal.
Last year, wine entrepreneur Michael Machat—the proprietor of California’s Vampire Family Brands (VFB)—brought a lawsuit against Australia’s Treasury Wine Estates (TWE) over its new Dracula-themed wine. Among the many wine brands owned by TWE are Penfolds and the outlaw-focused 19 Crimes brand.
Machat founded VFB in 1988, and today it encompasses the Vampire Vineyards, Trueblood and Fangria Sangria labels. The portfolio includes products like high-collared vampire capes for people and wine bottles and, most relevantly here, Dracula brut sparkling rosé ($35) and Dracula Napa Valley Carneros Pinot Noir ($28).
19 Crimes is known for featuring famed faces, including Snoop Dogg’s, on its labels. For Halloween 2023, it released a limited-edition wine with Universal Pictures’ Universal Monsters brand: Dracula Red Blend ($18). Made from grapes grown in South Eastern Australia, the bottle bears the glow-in-the-dark face of Transylvania’s most famous fictional resident. Here’s where things get biting …
Machat is an attorney specialized in trademark and wine and spirits law, and last summer he filed a complaint against TWE over the 19 Crimes Dracula red. “Vampire Family Brands is required to police improper uses of its mark, otherwise it risks weakening its brand name and potentially losing trademark rights altogether,” Machat told Wine Spectator via email. “I promptly investigated to confirm their infringement and then immediately filed a lawsuit in August before the wine went out to the general market, to give Treasury Wine time to cancel their plans.”
Per the initial complaint, Machat alleges the Australian wine may create brand confusion for consumers. The suit demands VFB receive no less than $15 in damages for each 19 Crimes Dracula bottle sold to off-premise businesses (such as retail stores) and $36 for each bottle sold to on-premise businesses (like restaurants), along with three times TWE’s profits from the wine and possibly then some. (Incidentally, Bram Stoker’s 1897 novel Dracula and its characters are public domain.)
“Treasury Wine Estates treats the intellectual property rights of others with the utmost respect,” read a TWE statement shared with Wine Spectator. “We stand by the integrity of our brands but we cannot make any further comments regarding this case while it remains.”
A Tale of Vampire Lawsuits
This is not the first time Machat has filed a trademark suit on behalf of VFB (or its predecessor, TI Beverage Group). Among other cases, he has brought complaints against Florida bar Dracula’s Legacy, restaurant chain Yard House over its Vampire Taco as well as retailer Hot Topic over Tru Blood products tied to the HBO series True Blood. Those latter two cases were dismissed following settlements. As of January 2024, the 19 Crimes suit is in the early stages of litigation, per Machat, and awaiting a trial date. “Another company has no right to use someone else’s trademark just because it is Halloween,” Machat said. “TWE claims their use was fair use, but the fair use exception is very narrow and does not apply here.”
Enjoy Unfiltered? The best of Unfiltered's round-up of drinks in pop culture can now be delivered straight to your inbox every other week! Sign up now to receive the Unfiltered e-mail newsletter, featuring the latest scoop on how wine intersects with film, TV, music, sports, politics and more.
