×

Once registered, you can:

  • - Read additional free articles each month
  • - Comment on articles and featured creative work
  • - Get our curated newsletters delivered to your inbox

By registering you agree to our privacy policy, terms & conditions and to receive occasional emails from Ad Age. You may unsubscribe at any time.

Are you a print subscriber? Activate your account.

DEERE RIVAL APPEALS RULING ON LOGO

By Published on .

The court battle over the John Deere logo is going another round.

Lawyers for MTD Products have appealed a U.S. District Court ruling in New York barring the lawn equipment marketer from airing a commercial the court deemed to violate New York state's anti-dilution statute.

The case is scheduled to go to the 2nd U.S. Circuit Court of Appeals in New York the week of Oct. 10.

An MTD ad, created by W.B. Doner & Co., Cleveland, featured a computer-animated representation of the Deere & Co. logo being chased by an MTD riding mower, with voice-over claiming MTD's Yard Man "doesn't cost nearly as much money" as the competitor's model.

On Aug. 9, Judge Lawrence McKenna ruled Cleveland-based MTD's ad adversely diluted the trademarked Deere emblem's status with viewers, and granted a temporary injunction barring MTD from broadcasting its commercials out of New York.

Counsel for MTD said the company likely will air the commercial in spot markets, despite Deere's threat to sue if the ad airs in other states.

MTD attorney Patricia Hatry argued that the ad does not dilute Deere's logo and that it is a fair and truthful portrayal of MTD's less expensive product. Part of her appeal will be on the grounds that the ad "is a message that enjoys First Amendment protection rights."

Most Popular
In this article: