Legal Opinion

Deere & Co. v. Fimco Inc.

District Court, W.D. Kentucky

Decided October 13, 2017No. CASE NO. 5:15–CV–105–TBRPublishedCited by 2 opinions

1Opinion of the CourtThomas B. Russel, Senior Judge

I. INTRODUCTION

Plaintiff, Deere & Company ("Deere"), brings this action alleging that Defendant, *848FIMCO, Inc. ("FIMCO"), is acting in violation of federal trademark and common law by producing and distributing trailed agricultural sprayers and applicators bearing green and yellow colors that are indistinguishable from the green and yellow colors Deere uses on its agricultural equipment.1 Specifically, Deere asserts that FIMCO's actions constitute (1) federal trademark infringement in violation of 15 U.S.C. § 1114, (2) federal false designation of origin and unfair competition in violation of…

2Cases cited56 opinions

  1. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  2. Wal-Mart Stores, Inc. v. Samara Brothers, Inc.Supreme Court of the United States · 2000
  3. Daddy's Junky Music Stores, Inc. v. Big Daddy's Family Music CenterCourt of Appeals for the Sixth Circuit · 1997
  4. Homeowners Group, Inc. v. Home Marketing Specialists, Inc.Court of Appeals for the Sixth Circuit · 1991
  5. Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959

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3Cited by2 opinions

  1. Servpro Intellectual Property, Inc. v. BlantonDistrict Court, W.D. Kentucky · 2020
  2. United States of America v. Forrest B. White, JR. Masonry, Inc.District Court, W.D. Kentucky · 2020

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