major winery picking food fight with Seattle store

"It is spelled the same as Gallo," says storeowner Sharon Baden, "but there is no relation to the Gallo wine company."

Yet the Ernest and Julio Gallo Winery took issue with the name, and the store, sending Baden and her husband a warning letter in January.

"We just thought it was ridiculous," says Baden. "First of all, why not contact the company in Spain who is the producer we're just the retailer."

According to Baden, Ernest and Julio Gallo wanted them to agree to stop selling the pasta and to put it in writing. The deadline was April 15.

"We just decided, no, we're not going to do that. So we let the deadline pass and a couple days later we got a notice that we're being sued."

Customers from Spain tell us the pasta company has been around for decades. Carme Huguet who was visiting the store for the first time said: "If they tried to sell their wine in Spain, I don't think Gallo would even bother to fight with them. Everybody knows who sells the pasta, who sells the wine, what's the point? And the person who is selling it can't change the name of the product."

The Gallo Winery released a statement to KING 5.

"The Gallo brand is known, recognized and trusted throughout the world. The brand represents our promise to the wine consumer that there are Gallo family members involved in the business who are passionate about making wine, who care about the quality and are involved in every detail to ensure that the consumer is receiving the best quality wine. Thus, we must always protect the image of our brand and the promise it represents," says Susan Hensley, Vice President of Public Relations for the E. & J. Gallo Winery.

Instead of giving in, Baden may stop selling the wines owned by Gallo company. Given the winery's vast financial resources, she doubts David will win this legal battle against Goliath. But she says good food is worth the fight.