Crawfordsville, Indiana – Plaintiff, Banjo Corporation (formerly known as Terra-Knife and Terra-Products) is suing Fontanet, Indiana company, Green Leaf, Inc. (also known as TerreMax) for Trademark infringement under 15 U.S.C. § 1114(1), unfair competition, use of false designations of origin and false advertising under 15 U.S.C. § 1125(a); as well as infringement and unfair competition under Indiana common law.
The Plaintiff alleges that Green Leaf, who sells similar valves but with green handles, recently hired two Banjo employees, and has launched a new division of its company called, TerreMax, which is not only very close in name to Banjo’s previous company names, Terre Knife and Terre Products, but it has also begun selling a line of control valves that have handles in the exact shade of yellow that Banjo uses for their product. The complaint claims that Green Leaf is acting “in a deliberate effort to encourage false associations with Banjo,” through its name change, handle color, and advertisements which point customers away from Banjo and toward Green Leaf’s nearly identical product.
Banjo is asking the court to order Green Leaf to stop manufacturing, selling, or advertising products having Banjo’s Yellow Handle Design. It is also seeking $75,000 in damages and costs related to the Defendant’s infringing activities, unfair competition, and false advertising.
The case has been assigned to Judge Sarah Evans Barker and Magistrate Judge Mario Garcia, in the U.S. District Court of Southern Indiana, and assigned Case No. 1:23-cv-01770-SEB-MG.