TYLER — A Danish floral company is suing a Texas business, alleging trademark infringement, false designation of origin and unfair competition regarding the unlawful use of trademarks.
Poulsen Roser filed a lawsuit on June 24 in the Tyler Division of the Eastern District of Texas against Capstone Plants, Inc., doing business as J. Berry Nursery, alleging unlawful use of the trademarks "Patio Party" and "On-the-Go Patio" in connection with live plants and flowers.
Poulsen is a global breeder and developer of roses and clematis for both indoor and outdoor use. The suit says JBN, based in Grand Saline, is a current licensee of Poulsen's clematis varieties and a former licensee of the rose varieties, including those sold in connection with the Patiohit trademark.
Although JBN's license to Poulsen's rose varieties and the associated trademarks expired on Sept. 30, 2013, the plaintiff alleges the defendant began to sell live hibiscus plants under the name "Patio Party" shortly thereafter.
Further, the plaintiff alleges JBN is attempting to register another of its trademarks and is claiming fraudulent misuse of the statutory registration symbol.
Poulsen Roser seeks a declaration from the court that JBN has infringed upon its trademarks deliberately. It wants actual damages, profits derived from the defendant's sale of these items, court costs, attorney fees and a jury trial. The company is represented by attorneys Jesse Linebaugh, James J. Saul and Kathryn A. Feiereisel, of Faegre Baker Daniels in Des Moines, Iowa, and Chicago, Illinois.
Tyler Division of the Eastern District of Texas Case number 6:15-cv-602.