Seaboard Seed Co. v. Bemis Co., Inc.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Seaboard Seed Company (“Seaboard”) has filed an eight-count First Amended Complaint (the “Complaint”) against Bemis Company, Inc. (“Bemis”), charging:

1. breach of fiduciary duty (Count I);

2. breach of contract (Count II);

3. interference with business relationships (Count III);

4. unfair competition (Count IV);

5. -7. federal, common-law and state trademark infringement (Counts V to VII) ; and

8. deceptive trade practices (Count VIII) ;

all arising out of Bemis’ use of Seaboard’s trademark (“Quick Green”) on polyethylene bags used to package grass…