Covington Secures Landmark Trademark Infringement Ruling for John Deere

SAN FRANCISCO—Following a weeklong bench trial, the U.S. District Court for the Western District of Kentucky ruled in favor of Covington client Deere & Company in a trademark lawsuit involving the company’s iconic green and yellow colors.

Since the early 20th century, Deere's agricultural equipment has almost all been painted in Deere's distinctive and widely-recognized colors. Although most agricultural equipment manufacturers stopped using Deere’s colors after being approached on Deere’s behalf by Covington, FIMCO, Inc. refused and was sued by Deere for trademark infringement and dilution and false designation of origin. Ultimately, Judge Thomas B. Russell ruled for Deere on every claim and exercised his discretion to enter a broad permanent injunction prohibiting FIMCO from selling green and yellow agricultural equipment.

The Covington team was led by Simon Frankel and included Rebecca Jacobs and Ethan Forrest.