A company is suing over claims another company has created a floral product that infringes their copyrighted plants, pots and logos.

TNM Corp., doing business as Magnolia Gardens Nursery, filed a lawsuit May 8 in the Houston Division of the Southern District of Texas against Seville Farms Inc., Lowe's Companies Inc. and Lowe's Home Centers Inc., citing trademark infringement and unfair competition.

According to the complaint, TNM has been selling plants specifically designed to flourish in Texas weather under the name "Plants for Texas" since as early as March 2004, but Seville has infringed upon the trademark by selling a similar product under the name "Flowers for Texas," which are sold in Lowe's stores.

TNM also says Seville approached the manufacturer of their plastic pots to request a product similar to their Plants for Texas brand pots.

TNM Corp. is seeking a judgement that the defendants shall be restrained from using the infringing names and products as well as damages.

It is being represented in the case by attorneys John C. Cain and Keana T. Taylor of Wong, Cabello, Lutsch, Rutherford & Brucculeri LLP.

Houston Division Case No.4:14-cv-01269

This is a report on a civil lawsuit filed in the Houston District Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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