Idaho Potato Commission v. Russet Valley Produce, Inc.

SILAK, Justice.

I

NATURE OF THE CASE

This case began as an administrative proceeding before the Idaho Potato Commission (Commission) to revoke the license of Russet Valley Produce, Inc. to use the “Grown in Idaho” trademark on potatoes. The Commission previously entered an administrative order that only “Russet Burbank” potatoes could be packaged with a “Grown in Idaho” label, and that all other potatoes had to have the variety indicated on the package. (Research had shown that most consumers believed they were purchasing Russet Bur-banks when buying “Idaho” potatoes.) Russet Valley made two…