United States: NaturaLawn Attempts To Clip The Competition, Brings Trademark Suit Against Naturescape

On February 23, 2016, Signum, LLC and NaturaLawn of America, Inc. (collectively, "NaturaLawn"), Maryland-based companies, filed a complaint in the Northern District of Georgia alleging trademark infringement, false designation of origin and unfair competition against Naturescape, Inc. ("Naturescape"), a Wisconsin corporation, due to its use of the mark NATURE'SLAWN.

NaturaLawn, according to the complaint, is a nationwide leader in lawn care services with over 27 years' experience and over 70 franchises across 23 states. The complaint relates to two of NaturaLawn's registered trademarks, Registration Nos. 1,414,588 and 2,543,921 for NATURLAWN and NATURALAWN , respectively.

Naturescape filed an intent-to-use trademark application for NATURE'SLAWN (Ser. No. 86521202), which NaturaLawn opposed during the opposition period. On March 1, NaturaLawn filed a Motion to Suspend the Opposition due to the civil trial, which has not been granted at this time.

While NaturaLawn does not currently offer services in the Atlanta market, according to the complaint, it has had Atlanta franchisees in the past and is in talks with potential franchisees to re-open in the area. Naturescape recently opened lawn care services in the Atlanta area using the name NATURE'SLAWN, instead of their company name, Naturescape, which they allegedly use in all other locations.

NaturaLawn claims it requested Naturescape to cease using the NATURE'SLAWN mark, however when it did not, NaturaLawn brought this suit asserting trademark infringement, false designation of origin and unfair competition.

NaturaLawn seeks an injunction, destruction of all of Naturescape's advertising materials in relation to NATURE'SLAWN, withdrawal of the NATURE'SLAWN application, attorney's fees and any further relief the court deems necessary.

The case is Signum, LLC and Naturalawn of America, Inc. v. Naturescape, Inc.., No. 1:16-cv-00560-WCO, filed 02/23/16 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, and assigned to U.S. District Judge William C. O'Kelley

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