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Deere Co. v. Farmhand, Inc.

United States Court of Appeals, Eighth Circuit
Nov 22, 1983
721 F.2d 253 (8th Cir. 1983)

Summary

holding that because farmers prefer to match their loaders to their tractors, the doctrine of aesthetic functionality barred John Deere from protecting its unique green color

Summary of this case from Unique Sports Products, Inc. v. Babolat VS

Opinion

Nos. 83-1077, 83-1111.

Submitted October 10, 1983.

Decided November 22, 1983.

Theodore R. Scott, McDougall, Hersh Scott, Chicago, Ill., L.R. Voigts, Nyemaster, Goode, McLaughlin, Emery O'Brien, Des Moines, Iowa, for Deere Co.; John M. Nolan, Deere Company, Moline, Ill., of counsel.

Alan G. Carlson, Earl D. Reiland, Douglas J. Williams, Merchant, Gould, Smith, Edell, Welter Schmidt, Minneapolis, Minn., for Farmland, Inc.

Appeal from the United States District Court for the Southern District of Iowa.

Before ROSS, McMILLIAN and BOWMAN, Circuit Judges.


Plaintiff Deere Company brought this action against Farmhand, Inc. under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and the common law of unfair competition. Deere sought to enjoin Farmhand from selling certain front-end loaders that Farmhand had copied from Deere and had painted "John Deere green." Farmhand counterclaimed for damages and attorneys' fees under the antitrust laws. After a non-jury trial, the district court, the Honorable Donald E. O'Brien, found in favor of Farmhand on the allegations of Deere's complaint and in favor of Deere on the allegations of Farmhand's counterclaim. Deere has appealed and Farmhand has cross-appealed.

We have carefully studied the record, including the trial court's opinion, the briefs and the arguments of the parties to this action. We find no merit to the arguments for reversal of the decision below in any respect, and accordingly affirm pursuant to Rule 14 of the rules of this court on the basis of Judge O'Brien's opinion. Deere Company v. Farmhand, Inc., 560 F. Supp. 85 (S.D.Iowa 1982).


Summaries of

Deere Co. v. Farmhand, Inc.

United States Court of Appeals, Eighth Circuit
Nov 22, 1983
721 F.2d 253 (8th Cir. 1983)

holding that because farmers prefer to match their loaders to their tractors, the doctrine of aesthetic functionality barred John Deere from protecting its unique green color

Summary of this case from Unique Sports Products, Inc. v. Babolat VS

affirming lower court decision that had addressed the merits of the trademark validity of "John Deere Green"

Summary of this case from Minnesota Min. and Mfg. v. Beautone Specialties
Case details for

Deere Co. v. Farmhand, Inc.

Case Details

Full title:DEERE CO., APPELLANT, v. FARMHAND, INC., APPELLEE

Court:United States Court of Appeals, Eighth Circuit

Date published: Nov 22, 1983

Citations

721 F.2d 253 (8th Cir. 1983)

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