Deere & Co. v. FIMCO Inc.

MEMORANDUM OPINION AND ORDER

Thomas B. Russell, Senior Judge

Plaintiff Deere & Company (“Deere”) brings this action alleging that Defendant FIMCO Inc. (“FIMCO”) is using Deere’s green and yellow color scheme on- agricultural equipment in violation of .--federal trademark and common law. There are currently several pending motions ripe for adjudication by the Court, .most notably the parties’ cross-motions for summary judgment. Deere has filed a motion for partial summary judgment on its claim of trademark dilution, FIMCO’s affirmative defense and counterclaim of functionality, and FIMCO’s…