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Case file s403 · Divorce and feuds · 2007
2007
Vincent Gallo: Vincent Gallo-1-2
Vincent Gallo. Vincent_Gallo-1.jpg: Brooklyn Token derivative work: Bluefairyturnedred (talk). CC BY 2.0, Wikimedia Commons.
Died
Ernest Gallo 2007, Julio Gallo 1993, Joseph Gallo Jr. 2007
Place
Modesto, California · United States
Field
wine · Crime on the timeline
Legal tradition
US federal trademark law, California · Common law
Historical event
End of Prohibition, 1933

The Gallo brothers raised their younger brother after their parents' murder-suicide, then sued him for using the family name

On June 21, 1933, Joseph Gallo Sr. shot his wife Susie and then himself on their California farm. Their sons Ernest and Julio founded E. & J. Gallo Winery that year and became guardians of their 13-year-old brother Joseph. The winery became the largest in the United States. Joseph built a dairy and cattle business and in the 1980s began selling cheese as "Joseph Gallo." In April 1986 Ernest and Julio sued him for trademark infringement. Joseph counterclaimed that he had inherited one third of the winery from their parents, so the Gallo name and the trademarks were partly his. The counterclaims were dismissed in 1988. In June 1989 a federal judge in the Eastern District of California barred Joseph from using GALLO as a trademark on retail cheese. The Ninth Circuit affirmed in 1992 but left him free to use "Joseph Gallo Farms" as a trade name. The brothers did not reconcile†. The winery remains owned by Ernest's and Julio's descendants in 2026†.

What the law took from it

A family name used as a trademark belongs to whoever registered it, not to everyone born with it.

Sources
  1. law.resource.orgCourt record
  2. UPIPress
  3. winespectator.comPress

Cite as: celebrity.estate, “The Gallo brothers raised their younger brother after their parents' murder-suicide, then sued him for using the family name,” story s403, https://www.celebrity.estate/gallo-2007, updated 30 October 2026.

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