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Nutter obtained a significant decision for its client Sustainable Low Maintenance Grass, LLC (SLMG) in a trademark suit in the Northern District of California on October 20. The opposing party, Cutting Edge Solutions, LLC, based in Santa Rosa, CA, sought a preliminary injunction to stop SLMG from using the trademark “Cutting Edge” on its flagship product, a state of the art grass seed mix. The plaintiff claims a trademark on the term “Cutting Edge Solutions” in connection with the plaintiff’s sales of plant fertilizers and nutrients.

In denying the preliminary injunction, the Court agreed with SLMG that the plaintiff delayed in bringing suit, and that the delay evidenced the absence of a need for the requested injunction. The Court also agreed with SLMG that the plaintiff failed to show a likelihood that customers would be confused by SLMG’s use of the Cutting Edge mark. And the Court found that the plaintiff’s evidence of prior use of the mark was weak.

The Nutter team was led by Kenneth Berman, co-chair of Nutter’s Business Litigation practice group, supported by Eric Magnuson and Joseph Toomey.