MIAMI – A horticultural chemical manufacturer alleges that a Jupiter company has infringed on a name of one of its products.
Plant Food Systems Inc. filed a complaint on March 4 in the U.S. District Court for the Southern District of Florida against Agrosource Inc., citing alleged trademark infringement, unfair competition and false designation of origin.
According to the complaint, the plaintiff alleges that it suffered and will continue to suffer irreparable injuries and damages unless judgment is entered in its favor. The plaintiff holds Agrosource Inc. responsible because the defendant allegedly directly infringed its FIREWALL trademark for fertilizers for agricultural and horticultural use and created confusion in the consuming public thinking that a fungicide made by the defendant with the same name are related.
The plaintiff seeks the following: a preliminary and permanent injunction restraining defendant from making any use related to agricultural products which includes the word FIREWALL, FIRE or WALL; compensation for lost profits and actual damages, statutory damages, prejudgment interest, attorneys’ fees and costs; and any further relief as may be just and equitable. It is represented by Jorge Espinosa and Francesca Russo of Espinosa Trueba Martinez PL in Miami.
U.S. District Court for the Southern District of Florida Case number 9:16-cv-80326