Chicago Business Litigation Lawyer Blog
Some companies’ products have become so associated with a particular symbol or color in the public mind that it is effectively impossible to separate them. Think of McDonald’s “golden arches” or the Apple logo.
Almost everyone is familiar with the green-and-yellow logo with the leaping deer found on John Deere tractors, lawnmowers, and caps. Deere & Co. wants to make sure that those colors remain associated with Deere products and only Deere products, and it is celebrating a recent trademark victory in a Kentucky federal court.
The Illinois-based farm equipment giant brought a trademark infringement suit against FIMCO, Inc., a South Dakota-based maker of pesticide sprayers, for its use of green and yellow on its equipment. The complaint alleged federal trademark infringement, unfair competition, and trademark dilution, as well as trademark infringement under Kentucky state law.
Deere’s iconic color scheme was registered as a trademark in 1988, and the company has been aggressive about enforcing it in court. Deere claimed that by using the recognizable color combination, FIMCO knowingly attempted to associate its products with the Deere brand in the public mind, with the effect of diluting the value of the trademark. Continue reading ›