District Court, W.D. Kentucky May 4, 2017, CASE NO. 5:15-CV-105-TBR (Deere & Co. v. FIMCO Inc.)

MEMORANDUM OPINION AND ORDER

Thomas B. Russell, Senior Judge

Plaintiff Deere & Company (“Deere”) brings this action alleging that Defendant FIMCO Inc. (“FIMCO”) is using Deere’s green and yellow color scheme on agricultural equipment in violation of federal trademark and common law. FIMCO, in turn, has counterclaimed against Deere, seeking a declaration of non-infringing use.