MOLINE, Ill., Oct. 17, 2017 /PRNewswire/ -- A U.S.
District Court in Kentucky has
ruled in favor of Deere & Company (NYSE: DE) in a lawsuit
that was filed to protect use of the trademark green and yellow
color combination on John Deere agricultural equipment.
Following a one-week bench trial that took place in June, the
U.S. District Court in Paducah,
Kentucky has now found in favor of Deere. The court decision
permanently bans the use of the John Deere colors by FIMCO, Inc., a
South Dakota company that
manufactures and markets agricultural sprayers under the "Ag Spray
Equipment" brand name.
Deere said the lawsuit is part of an ongoing and vigorous effort
to protect the company's trademarks and intellectual property.
The lawsuit asserted that FIMCO's green and yellow equipment
infringed on Deere's trademark for the color combination. Deere
also claimed that use of the colors by another manufacturer
confuses the public as to where the product originated and dilutes
the value of the John Deere brand. In a 107-page decision, the
District Court found for John Deere on all its claims.
The court ruled that John Deere's green and yellow color
combination qualified as a "famous" trademark since as early as the
late 1960s and that FIMCO intentionally chose green and yellow to
create an association with the John Deere brand. The court also
found that FIMCO's use of green and yellow was likely to cause
confusion among purchasers as to whether its agricultural equipment
was manufactured by or endorsed by John Deere.
The court decision said FIMCO, Inc. and all persons affiliated
with the company are permanently enjoined from using the
combination of green and yellow colors in the manufacture,
distribution, marketing, advertising or sale of trailed and wheeled
agricultural equipment in any locality within the United States. The court gave FIMCO 60
days to file with the court a plan on how it will comply with the
permanent ban.
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SOURCE Deere & Company