Intellectual Property Law

"Worm Factory" Bench Trial Results in Permanent Injunction

By Michael Atkins

The header says it all.

The Cascade Manufacturing Sales, Inc. v. Providnet Co. Trust trademark dispute between competing sellers of worm composting products has been tried to conclusion.

As folks may recall, this case involved Cascade’s complaint that Providnet’s use of GUSANITO WORM FACTORY infringed Cascade’s WORM FACTORY trademark.

Western District Judge Ronald Leighton previously found that WORM FACTORY was not generic; that Cascade was likely to prevail on the merits and ordered a preliminary injunction; and that defendants were in contempt of that order (STL posts here and here.)

On Feb. 18, following a bench trial, Judge Leighton made the preliminary injunction permanent. He did not award damages. He has asked Cascade to submit a motion for attorney’s fees.

The preliminary — now permanent — injunction enjoins Providnet from using phrases that are confusingly similar to WORM FACTORY, including FACTORY OF WORMS but not WORM WRANGLER.

The case cite is Cascade Manufacturing Sales, Inc. v. Providnet Co. Trust, No. 08-5433 (W.D. Wash. Feb. 18, 2010).

Full post as published by Seattle Trademark Lawyer on February 23, 2010 (boomark / email).