On Thursday, Jemie B.V. filed a complaint in the District of Maryland against Foop Organic Biosciences, Inc. for allegedly infringing upon their “CANNA” trademark for plant nutrients and fertilizers.
Jemie is a “worldwide leader in plant technologies” for cultivating plants in hydroponics and soil through selling their numerous nutrients, fertilizers and plant growth products. The use of the CANNA marks are connected to “the sale of tens of millions of dollars-worth of the aforesaid goods and services throughout the United States” through years of work and “millions of dollars” of advertising.
The defendants took on the name “FOOP CANNA,” registering their website URL as foopcanna.com, despite Jemie’s pleas to stop infringing upon their trademark. Foop did this even though they allegedly 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 are “likely to cause confusion, mistake or deception with Jemie or the Jemie’s use of the CANNA family of marks and names with the aforesaid goods and services.” The plaintiff claimed that they have suffered irreparable harm as a result of this trademark infringement, and that Foop’s actions constitute unfair competition. Due to the similar labeling of products, Jemie’s customers have confused Foop’s products with theirs which has harmed their sales and reputation. Thus, they are suing for violations of Section 35 and Section 43(A) of the Lanham Act.
The plaintiff is seeking injunctive relief enjoining the defendant from continuing to infringe upon Jemie’s trademarks, actual damages, treble damages, restitution, attorney’s fees and costs, and other relief.
The plaintiff is represented by Shulman, Rogers, Gandal, Parody & Ecker, P.A. and Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, LLP.
