On Thursday, Jemie BV filed a complaint in the District of Maryland against Foop Organic Biosciences, Inc. for allegedly infringing on their “CANNA” trademark for plant nutrients and fertilizers.
Jemie is a “Global Plant Technology Leader” for growing plants in hydroponics and soil by selling their many nutrients, fertilizers and plant growth products. Use of the CANNA marks is associated with “the sale of tens of millions of dollars of the aforementioned goods and services throughout the United States” through years of work and “millions of dollars” of advertising.
Defendants took on the name “FOOP CANNA”, registering their website URL as foopcanna.com, despite pleas from Jemie to stop infringing their trademark. Foop did this even though they supposedly had “full knowledge of Jemie’s prior rights in the CANNA family of marks and names”.
Jemie argued that Foop’s creation of “FOOP CANNA” products is “likely to cause confusion, error or deception with Jemie or Jemie’s use of the CANNA family of marks and names with the products and services aforementioned”. The plaintiff claimed that it had suffered irreparable harm as a result of this trademark infringement and that Foop’s actions constituted unfair competition. Due to the products’ similar labeling, Jemie’s customers confused Foop’s products with their own, which hurt their sales and reputation. Thus, they are suing for violation of section 35 and section 43(A) of the Lanham Act.
Plaintiff seeks an injunction restraining defendant from further infringing Jemie’s marks, actual damages, treble damages, restitution, attorneys’ fees and costs, and other relief.
The plaintiff is represented by Shulman, Rogers, Gandal, Parody & Ecker, Pennsylvania and Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, LLP.