As first reported by The National Law Review, Signum, LLC and NaturaLawn of America, Inc. (collectively, “NaturaLawn”), Maryland-based companies, filed a complaint in the Northern District of Georgia alleging trademark infringement, false designation of origin and unfair competition against Naturescape, Inc. (“Naturescape”), a Wisconsin corporation, due to its use of the mark NATURE’SLAWN.
According to the complaint, the NATURE’SLAWN mark is substantially similar to the NATURLAWN mark in sight, sound, meaning and overall commercial impression. NaturaLawn of America says it has invested tens of millions of dollars in marketing over the past 30 years, and that consumers now equate “the mark” with NaturaLawn’s services. Therefore, Naturescapes’ use of the NATURE’SLAWN mark will cause confusion and deception in the marketplace.
Naturescape says it lacks sufficient knowledge or information to form a belief as to the truth of those allegations and therefore denies them.
NaturaLawn of America is a franchising organization that provides organic-based fertilizer applications and natural pest controls. It operates over 70 franchise locations throughout the U.S.
Naturescape, based in Muskego, WI, operates 37 locations across the country, including a branch in Norcross, GA.
NaturaLawn of America contends that Naturescapes’ use of the NATURE’SLAWN mark in Norcross is interfering with its ability to re-open its own Atlanta-area branch.
