Perma-Green, based in Valparaiso, Indiana, has manufactured and sold commercial lawn care products since 1973. They own an incontestable registration for the trademark PERMAGREEN for “mechanical spreaders and sprayers for the lawn care industry” with a claimed date of first use of February 1, 2005.

“Dr. Permagreen” is an eBay Seller account that lists over 1,400 Perma-Green products, including replacement parts. However, the parts being sold by the eBay account are allegedly low-quality counterfeit copies created in China, not authentic Perma-Green products.

Perma-Green alleges consumer confusion has been caused by the eBay account’s use of a similar name and deceptive product titles, with consumers falsely believing that the eBay account is associated with Perma-Green and that the products originate from Perma-Green. Consumer complaints over defective products were incorrectly directed towards Perma-Green, presumably damaging the goodwill in their brand.

Faulty or defective parts can obviously be a big problem when it comes to lawn care equipment by creating an increased risk of serious injury. After unsuccessful cease-and-desist communications, Perma-Green has brought a lawsuit (see Complaint below) seeking court intervention in an attempt to halt the damage currently being done to its brand. The Complaint alleges willful infringement based on email communications from the alleged operator of the eBay account.

Stay tuned for updates.

Perma-Green Supreme, Inc. v. Dr. Permagreen, LLC et al.

Court Case Number: 2:23-cv-00341
File Date: October 6, 2023
Plaintiff: Perma-Green Supreme, Inc.
Plaintiff Counsel: P.Stephen Fardy, William D. Patterson of Swanson, Martin & Bell, LLP
Defendant: Dr. Permagreen, LLC, Michael Edward Klott, FTW Investments LLC
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Advertising, Deceptive Consumer Sales, Common Law Unfair Competition
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: John E. Martin

Complaint: