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Indiana Intellectual Property Blog

Tag Archives: Federal False Designations of Origin

Two Indiana Valve Companies involved in Trade Dress Lawsuit over Yellow Valve Handles

02 Monday Oct 2023

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Dress, Trademark

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Tags

Common Law Unfair Competition, Federal False Advertising, Federal False Designations of Origin, Federal Trade Dress Infringement, Federal Trademark Infringement, Federal Unfair Competition, Mario Garcia, Sarah Evans Barker

Banjo Corporation of Crawfordsville, Indiana, designs, manufactures, distributes, and sells control valves for regulating the flow of liquids in hoses and pipes. Since 1994, Banjo’s valves have had distinctive yellow-colored handles. Banjo currently sells approximately 150 types of control valves, all bearing the distinctive yellow handles.

Green Leaf of Fontanet, Indiana, has been selling control valves with green handles since 1983. In 2019, after hiring 2 ex-Banjo employees, Green Leaf launched a line of yellow-handled valves. Green Leaf’s new valve line uses the name TERREMAX.

In a lawsuit filed in the Southern District of Indiana, Banjo accuses Green Leaf of violating its trade dress in the yellow valve handles. The name TERREMAX is also allegedly meant to imitate Banjo’s line of TERRE and TERRE KNIFE products. The Complaint (below) details other alleged deceptive conduct by Green Leaf, but we’ll be most interested in watching the trade dress claim for the yellow handle design.

Stay tuned for updates.

Banjo Corporation v. Green Leaf, Inc.

Court Case Number: 1:23-cv-01770-SEB-MG
File Date: September 29, 2023
Plaintiff: Banjo Corporation
Plaintiff Counsel: Dwight D. Lueck of Barnes & Thornburg, LLP, Jonathan E. Moskin of Foley & Lardner LLP
Defendant: Green Leaf, Inc.
Cause: Federal Trademark Infringement, Federal Trade Dress Infringement, Federal Unfair Competition, Federal False Designations of Origin, Federal False Advertising, Common Law Unfair Competition, Common Law Trademark Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Mario Garcia

Complaint:

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