FISONS HORTICULTURE, INC. v. VIGORO INDUSTRIES, INC.

Nos. 93-7224, 93-7287.

30 F.3d 466 (1994)

FISONS HORTICULTURE, INC., Appellant in No. 93-7224, v. VIGORO INDUSTRIES, INC., Appellant in No. 93-7287.

United States Court of Appeals, Third Circuit.

Decided July 22, 1994.


Attorney(s) appearing for the Case

Jack R. Pirozzolo (argued), Willcox, Pirozzolo & McCarthy, Boston, MA, Donald F. Parsons, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for appellant/cross-appellee Fisons Horticulture, Inc.

Byron L. Gregory (argued), Michelle C. Burke, McDermott, Will & Emery, Chicago, IL, for appellee/cross-appellant Vigoro Industries, Inc.

Before SCIRICA, LEWIS and GARTH, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is a trademark infringement case concerning products in the home lawn and garden market. The owner of the trademark "Fairway" for peat moss alleges another company infringed its right to the mark and competed unfairly by selling fertilizer under the name "Fairway Green."

Fisons Horticulture, Inc. ("Fisons"), a Canadian corporation with its principal place of business in Bellvue, Washington, brought...

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