Case 1:22-cv-00219-JMB-SJB ECF No. 1, PageID.1 Filed 03/09/22 Page 1 of 24
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`BOWERMAN BLUEBERRIES, LTD.
`and BOWERMAN BLUEBERRIES FARM
`MARKET, LLC,
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`Plaintiffs,
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`-against-
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`GREEN ACRES FARM MARKET, INC.
`and KELLY BOWERMAN,
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`Defendants.
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`The Honorable
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`Civil Action No.
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`COMPLAINT
`JURY TRIAL DEMANDED
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`WIGGIN AND DANA LLP
`Jonathan Harris
`20 Church Street, 16th Floor
`Hartford, Connecticut 06103
`Tel. (860) 297-3700
`Fax. (860) 297-3799
`jharris@wiggin.com
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`KING & PARTNERS, PLC
`William L. King III
`170 College Avenue, Suite 230
`Holland, Michigan 49423
`Tel. (616) 355-0400
`Fax. (616) 355-9862
`wking@king-partners.com
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`Attorneys for Plaintiffs Bowerman Blueberries, Ltd.
`and Bowerman Blueberries Farm Market, LLC
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`1
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`Case 1:22-cv-00219-JMB-SJB ECF No. 1, PageID.2 Filed 03/09/22 Page 2 of 24
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`Plaintiffs Bowerman Blueberries, Ltd. and Bowerman Blueberries Farm Market, LLC
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`(“Bowerman” or “Plaintiffs”) by and through their attorneys, bring this action against Green
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`Acres Farm Market, Inc. (“Green Acres”) and Kelly Bowerman (collectively with Green Acres,
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`“Defendants”), and allege, upon personal knowledge of their own acts and status and upon
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`information and belief as to all other matters, as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action seeking to hold Defendants accountable for infringing and
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`otherwise diminishing the value of Plaintiff’s intellectual property. Defendants’ decision to
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`launch, promote, and sell products utilizing the marks: “Green Acres/Bowerman Farm Market”
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`and “Bowerman’s Famous Blueberry Donuts” have infringed and continues to infringe
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`Plaintiff’s common law and federally registered marks (1) “Bowerman Blueberries Farm
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`Market,” (2) “Bowerman’s Famous Blueberry Donuts,” and (3) “Bowerman Blueberries”
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`(collectively, the “Bowerman Marks”), which Plaintiffs have been extensively used in commerce
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`to refer to their own farm fresh produce and donut products. The name Bowerman has been
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`associated with blueberries since at least 1954 and with blueberry donuts since at least 2011.
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`2.
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`Defendants’ products are designed to trade on Plaintiffs’ well-established brand
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`name recognition in the market, and in doing confuse Plaintiffs’ customers and cause significant
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`harm to Plaintiffs’ reputation and goodwill.
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`3.
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`In addition to using the infringing name, Defendants have modeled their product
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`line on precisely the same offerings Plaintiffs have sold under the Bowerman name. As just one
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`example, the below figures depict advertisements for Plaintiffs’ signature blueberry donuts on
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`the left and Defendants’ blueberry donut products on the right:
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`2
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`Case 1:22-cv-00219-JMB-SJB ECF No. 1, PageID.3 Filed 03/09/22 Page 3 of 24
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`BOWERMAN PRODUCT
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`GREEN ACRES PRODUCT
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`4.
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` In addition to exploiting the Bowerman name to sell its blueberry donuts,
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`Defendants have likewise applied the name to muffins, coffee cake, and other baked goods,
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`which have also been offered by Plaintiffs at Bowerman’s Farm Market since at least 2011.
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`5.
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`Defendants also sell containers of blueberries at Green Acres Market, surrounded
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`by signage and products bearing the “Bowerman” name, notwithstanding that these blueberries
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`do not originate from Plaintiffs’ farm, which has been in continuous operation by the Bowerman
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`family for over 65 years.
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`6.
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`Plaintiffs have experienced numerous instances of actual confusion, where
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`customers and vendors confuse Plaintiffs’ business and products with those of Defendants.
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`The Bowerman Brand
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`7.
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`The Bowerman brand of blueberries and associated products have been known
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`within the Holland, Michigan community for over 65 years and have established consumer
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`goodwill and recognition in the Great Lakes region and beyond. The name Bowerman has been
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`associated with blueberries and its farm market since at least 1954.
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`Case 1:22-cv-00219-JMB-SJB ECF No. 1, PageID.4 Filed 03/09/22 Page 4 of 24
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`8.
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`Plaintiffs’ fresh produce has been distributed under the Bowerman Blueberries
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`mark to wholesalers nationally and Plaintiffs invite customers to pick their own blueberries on the
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`farm.
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`9.
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`Bowerman donuts were introduced to the market in the summer of 2011. Over the
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`next few years, Plaintiffs engaged in substantial marketing of its blueberry donuts at several west
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`Michigan farmer’s markets. Through these consumer outreach efforts, Bowerman’s grew a
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`budding baked goods business into a tourist destination.
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`10.
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`Plaintiffs’ baked goods, most notably its blueberry donuts, but also its’ cakes,
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`pastries and muffins, have been distributed in the Great Lakes region directly from Bowerman’s
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`farm market locations, local and regional farmer’s markets, and via online orders.
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`11.
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`By 2015, Plaintiffs’ blueberry donuts had put Plaintiffs “on the map” as customers
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`flowed in from Grand Rapids, Detroit, Indianapolis, and Chicago metropolitan areas, as well as
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`from nearby states such as Ohio and Wisconsin.
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`12.
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`Bowerman’s Farm Market is featured on Holland’s website
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`[https://www.holland.org/things-do/unique-activities/bowerman-blueberries] and print and online
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`media have tracked the growth of this beloved Holland business as it has expanded
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`[https://www.mlive.com/news/grand-rapids/2021/03/bowerman-blueberries-opening-downtown-
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`holland-cafe-expanding-farm-market.html.]
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`13.
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`Plaintiffs have spent time, money and effort extensively advertising the
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`Bowerman Marks and building their goodwill through various other media, including radio,
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`newspapers, television, magazines, billboards, local sponsorships, charitable activities, and
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`visitor guides.
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`14.
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`Dozens of five-star reviews online illustrate the widespread consumer goodwill
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`4
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`Case 1:22-cv-00219-JMB-SJB ECF No. 1, PageID.5 Filed 03/09/22 Page 5 of 24
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`that Plaintiffs have engendered as a result of such advertising and as a three-generation Michigan
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`blueberry farm and supplier of high quality, fresh blueberry products [https://usa-
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`food.worldorgs.com/catalog/holland/bakery/bowerman-blueberries-farm-market]. In recent
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`years, Plaintiffs’ donuts have collected numerous local awards and accolades, including being
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`voted Best Donuts in Holland.
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`15.
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`To capitalize on and to protect their rights in a successful and popular product,
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`Plaintiffs applied to register “Bowerman Blueberries Farm Market,” “Bowerman’s Famous
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`Blueberry Donuts,” and/or “Bowerman Blueberries,” with the United States Patent and
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`Trademark Office (“USPTO”). Each application was accepted for registration by the USPTO,
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`assigning registration Nos. 6,399,837; 6,216,546; and 6,399,892, respectively, copies of which
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`are attached to this Complaint as Exhibits 1-3.
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`Defendants’ Infringement
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`16.
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`Prior to May 2020, Plaintiffs learned that Defendants had begun selling fresh
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`blueberries and/or blueberry donuts affixed with labels designating these products “Green
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`Acres/Bowerman Farm Market” and/or “Bowerman’s Famous Blueberry Donuts.” Since then,
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`Plaintiffs have also learned that Defendants have applied the Bowerman name to other baked
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`goods, mirroring the offerings available at Plaintiffs’ own market.
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`17.
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`Defendants marketed these products in the same territory and to the same
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`customers who have come to associate these marks with Plaintiffs, thus encouraging consumer
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`confusion between Plaintiffs’ and Defendants’ products. Moreover, Defendants have erected
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`billboards directing customers to “Bowerman Blueberry Donuts,” which misdirect customers in
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`search of Plaintiffs’ authentic, renowned products to Defendants’ store and Defendants’
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`products.
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`Case 1:22-cv-00219-JMB-SJB ECF No. 1, PageID.6 Filed 03/09/22 Page 6 of 24
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`18.
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`At no point prior to developing, marketing, and launching their product did
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`Defendants approach Plaintiffs for permission to use a name deceptively similar to the
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`Bowerman Marks.
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`19.
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`Despite a cease-and-desist letter sent by Plaintiffs’s counsel to Defendants in May
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`2020, to put an end to Defendants’ unauthorized and willful misuse of the Bowerman Marks,
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`Plaintiffs’ correspondence went unanswered. (Exhibit 4.)
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`20.
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`Green Acres Farm Market, Inc., headquartered in West Olive, Michigan, is
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`located in proximity to Plaintiffs’ own farm market. Green Acres, which was incorporated in
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`1995, only recently began using the name Bowerman’s in commerce.
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`21.
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`Such use coincided with an employee’s departure from Bowerman’s Farm Market
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`in 2019 to join Green Acres. Kelly Bowerman, a member of the Bowerman family, worked for
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`Bowerman’s Farm Market for over ten years, during which time he witnessed the strong growth
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`and goodwill associated with the Bowerman name as applied to blueberries, blueberry donuts,
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`and other baked goods. In fact, Mr. Bowerman was involved with marketing the Bowerman
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`name during his employment by Plaintiffs.
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`22.
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`Upon information and belief, in 2019, Kelly Bowerman purchased the right to
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`oversee and run the day-to-day operations at Green Acres. Upon information and belief, Kelly
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`Bowerman controls the finances, policies and business affairs of Green Acres, including the
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`infringing activities alleged in this Complaint.
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`23.
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`Upon information and belief, Kelly Bowerman aided and abetted and knowingly
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`induced infringement by Green Acres of the Bowerman Marks and is the primary beneficiary of
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`the infringing conduct of Green Acres.
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`24.
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`On behalf of Defendant Green Acres, Kelly Bowerman willfully adopted the
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`Case 1:22-cv-00219-JMB-SJB ECF No. 1, PageID.7 Filed 03/09/22 Page 7 of 24
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`name Bowerman’s, knowing full well that his former employer had been using that name for
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`decades. Since 2019, Green Acres has wrongfully leveraged the Bowerman name and geographic
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`proximity to confuse consumers and capitalize on Plaintiffs’ longstanding goodwill. Kelly
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`Bowerman even went so far as to hire Plaintiffs’ former bakery manager.
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`25.
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`Defendants’ continued promotion and sale of its Green Acres/Bowerman’s
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`blueberries and blueberry donuts has and is likely to continue to confuse consumers into
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`believing that Defendants’ products are affiliated with, or are otherwise endorsed or approved by
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`Plaintiffs, and vice-versa. Indeed, Plaintiffs have experienced multiple instances of actual
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`confusion.
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`26.
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`In order to protect their valuable intellectual property, Plaintiffs bring this action
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`in law and equity for trademark infringement, false designation of origin, and unfair competition
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`under the Lanham Act, 15 U.S.C. §§ 1051 et seq., and common law unfair competition.
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`PARTIES
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`27.
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`Plaintiff Bowerman Blueberries Farm Market, LLC, is a Michigan limited
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`liability company headquartered at 15793 James Street, Holland, Michigan 49424. Plaintiff is the
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`lawful registrant of the “Bowerman’s Famous Blueberry Donuts” and “Bowerman Blueberries
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`Farm Market” marks. (See Exs. 1, 2.)
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`28.
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`Plaintiff Bowerman Blueberries, Ltd. is a Michigan Corporation headquartered at
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`2480 North 160th Avenue, Holland, Michigan 49424. Plaintiff Bowerman Blueberries, Ltd. is the
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`lawful registrant of the “Bowerman Blueberries” mark. (See Ex. 3.)
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`29.
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`Defendant Green Acres Farm Market, Inc, (“Green Acres”) is a Michigan
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`Corporation, which upon information and belief is headquartered in West Olive, Michigan
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`49460. Upon information and belief, Green Acres is owned by Mark W. Goetsch and Camie
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`Goetsch.
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`30.
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`Upon information and belief, Defendant Kelly Bowerman is a resident of
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`Holland, Michigan and current operator of Green Acres Farm Market. Kelly Bowerman is a
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`relative of the present owners of Bowerman Blueberries, Ltd. and Bowerman Blueberries Farm
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`Market, LLC.
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`JURISDICTION AND VENUE
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`31.
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`This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.
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`§ 1121, and 28 U.S.C. §§ 1331 and 1338 with respect to the claims arising under federal law and
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`supplemental jurisdiction pursuant to 28 U.S.C. § 1367 and 28 U.S.C. § 1338(b) with respect to
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`the claims arising under the laws of Michigan.
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`32.
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`This Court has personal jurisdiction over Green Acres because, inter alia, Green
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`Acres regularly conducts business in Michigan through its brick-and-mortar storefront, where it
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`has offered and sold its infringing blueberry products in Michigan. Green Acre’s actions have
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`caused injury to Plaintiffs and to consumers in Michigan.
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`33.
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`This Court has personal jurisdiction over Kelly Bowerman because, inter alia,
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`Kelly Bowerman is a resident domiciled in Michigan and is amenable to service of summons for
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`this action. Moreover, through Kelly Bowerman’s operation and control of Green Acres, Kelly
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`Bowerman has conducted and regularly conducts business within the United States and Michigan
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`and has purposefully availed himself of the privileges of conducting business in Michigan. Upon
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`information and belief, Kelly Bowerman has sought the protections and benefits of Michigan law
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`by marketing, producing, distributing, offering to sell, and selling products bearing marks
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`infringing the Bowerman Marks with the knowledge, intent, and/or reasonable expectation that
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`consumers in Michigan will confuse these products for Plaintiffs’ products.
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`34.
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`Venue in this district is proper under 28 U.S.C. § 1391 because Defendants
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`conduct or have conducted business in this judicial district and Plaintiffs have suffered injury in
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`this district, and because this Court has personal jurisdiction over Defendants in this district.
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`35.
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`Kelly Bowerman, individually and jointly with Green Acres as his alter ego or
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`agent, has committed trademark infringement in Michigan and/or has induced others to commit
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`trademark infringement in Michigan. Plaintiffs’ cause of action arises directly from Kelly
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`Bowerman’s activities in Michigan in connection with the operation of Green Acres as a
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`Michigan registered business.
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`FACTS COMMON TO ALL CLAIMS FOR RELIEF
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`History of Bowerman Marks
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`36.
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`The United States is the world’s largest producer of blueberries. The top three
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`blueberry-producing states are Michigan, Maine, and Oregon.
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`37.
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`In the heart of Michigan blueberry country is the third-generation Bowerman
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`family farm. Bowerman Blueberries, Ltd. (“Bowerman Blueberries”) has operated continuously
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`in Holland, Michigan since 1954, when the land was purchased by William and Winifred
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`Bowerman. In 1982, William and Winifred’s son Randy Bowerman, along with his wife Carol
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`Bowerman, purchased the farm from Randy’s parents and expanded both the farm’s acreage and
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`its annual harvest.
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`38.
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`Today, the farm comprises more than 90 acres of blueberries as well as an on-site
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`bakery and farm store.
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`39.
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`Bowerman Blueberries Farm Market, LLC, was formed in 2011. The Farm
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`Market is the business from which the Bowermans have sold their renowned baked goods,
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`including their signature blueberry donuts, at their own property, farmers’ markets, and a
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`seasonally operated café.
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`40.
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`Plaintiffs began making blueberry donuts in 2010. Since 2011, Plaintiffs have
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`used the name “Bowerman’s Famous Blueberry Donuts” to identify their product in the market,
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`including at numerous farmer’s markets across the region.
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`41.
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`Over the next five years, Plaintiffs’ sales ballooned as their blueberry donuts
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`became a regional favorite, attracting customers from across the Midwest, collecting various
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`local accolades and awards, and inspiring collaborations with other gourmet food distributors.
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`See, e.g., Brandon Champion, “Hudsonville Ice Cream reveals new blueberry doughnut flavor,”
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`MLive (Jan 30, 2019), https://www.mlive.com/news/2018/07/hudsonville_ice_cream_reveals-
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`.html.
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`42.
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`Having been used in commerce exclusively and continuously in connection with
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`Plaintiffs’ goods for over 60 years in the case of blueberries and over ten years in the case of
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`blueberry donuts, Plaintiffs’ marks have acquired secondary meaning and distinctiveness.
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`43.
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`In response to the demand for the Bowerman produce and donut offerings, and the
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`fame and goodwill that Plaintiffs’ products attained, Plaintiffs submitted various federal
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`trademark applications for each of the Bowerman Marks in May 2020.
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`44.
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`Following the required publication period, each of the Bowerman Marks were
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`registered on the Principal Register under §2(f) of the Trademark Act, 15 U.S.C. §1052(f).
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`Defendants Willful Copying Of Plaintiffs’ Branding
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`45.
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`Kelly Bowerman worked on the Bowerman family farm from his childhood until
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`approximately 2017. At one time, Kelly Bowerman was a fractional owner of Bowerman
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`Blueberries and also owned an interest in Bowerman Blueberries Farm Market, LLC, prior to
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`selling back his interests in or around December 2011.
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`46.
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`Kelly Bowerman held a variety of roles during his tenure as a farm employee,
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`ranging from agricultural duties such as oversight of blueberry harvest and production, to the
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`family’s efforts to branch out into baked goods and prepared foods sales, first on the farm itself
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`and later expanding to local and regional farmer’s markets and a standalone farm stand location.
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`Kelly Bowerman also held responsibilities with respect to sales and marketing as well as
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`production. In these capacities, Kelly Bowerman had insight into Plaintiffs’ business, including
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`direct contact with Plaintiffs’ employees and suppliers, as well as Plaintiffs’ customers. During
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`this time, Kelly Bowerman was able to observe first-hand the power of the Bowerman Marks in
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`connection with the sale of Plaintiffs’ products.
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`47.
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`Prior to his departure from the family business in 2016, Kelly Bowerman
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`attempted to purchase the family business, but these offers were rejected. Kelly Bowerman thus
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`voluntarily left the family business at the beginning of the 2016 harvest season. Kelly
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`Bowerman’s subsequent efforts to return to the business were rejected.
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`48.
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`Upon information and belief, in late 2018 or early 2019, Kelly Bowerman entered
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`into a land sale agreement with Mark and Camie Goetsch, the owners of Green Acres Farm
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`Market. Green Acres does not operate its own farm, but rather exists as a standalone farm stand
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`close to Interstate 31.
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`49.
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`Upon information and belief, Kelly Bowerman maintains control over the daily
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`operations of Green Acres, and Mr. Bowerman is responsible for making decisions about Green
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`Acres’ products and advertising. Upon information and belief, Mark Goetsch has served in a
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`consulting capacity to Kelly Bowerman for the first years of Kelly Bowerman’s operation of
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`Green Acres.
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`50.
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`Upon information and belief, in or around April 2020, Kelly Bowerman opened
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`Green Acres for the 2020 season. At this time, Green Acres prominently displayed blueberries
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`for sale alongside a line of baked goods featuring fresh blueberries, such as muffins and pies, all
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`bearing the Bowerman name. Advertisements for Green Acres announced that would be making
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`and/or selling fresh “famous” Bowerman blueberry donuts. In the approximately two years since,
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`Kelly Bowerman, through Green Acres, has been continuously advertising for sale “famous”
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`“Bowerman blueberry donuts” and has begun offering similar products including “Bowerman”
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`coffee cakes and blueberry muffins. On social media, Kelly Bowerman has described these
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`products as Green Acres’ #1 seller.
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`51.
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`Kelly Bowerman has sought to and has in fact unlawfully capitalized on the
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`Bowerman family name in a attempt to confuse consumers as to the source of origin of Green
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`Acres’ competing products. Indeed, Plaintiffs’ and Defendants’ products are virtually identical.
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`Plaintiffs sell blueberries, donuts, and other farm goods and Defendants offer exactly these same
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`products. As a result, Defendants have presented their products as deceptively similar to those of
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`Plaintiffs in both name and appearance.
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`52.
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`Even Kelly Bowerman’s purchase of the Green Acres location was no accident.
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`This location had in fact been discussed among Plaintiffs as a potential acquisition target and
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`expansion opportunity while Kelly Bowerman was still employed by Plaintiffs. As such, Kelly
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`Bowerman was aware of the advantageous location offered by Green Acres.
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`53.
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`Upon information and belief, Kelly Bowerman’s business model for Green Acres
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`has been and continues to be based on copying the products and business of Plaintiffs, his former
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`employer, and appropriating the goodwill and popularity of his family’s name, which has come
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`to be associated with Michigan blueberries over more than half a century of continuous use.
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`54.
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`Upon information and belief, Defendants have potentially earned hundreds of
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`thousands of dollars in seasonal revenue through willful infringement of the Bowerman Marks
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`and caused irreparable harm to the source-designating function of the Bowerman Marks.
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`55.
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`Defendants failed to even respond to or contest Plaintiffs’ reasonable request to
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`cease and desist from using the Bowerman Marks in May of 2020. (Ex. 4.)
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`Kelly Bowerman Is Personally Liable For Defendants’ Willful Infringement
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`56.
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`Shortly after executing the land contract with Green Acres, Kelly Bowerman
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`began operating Green Acres to distribute, offer for sale, and/or sell products bearing the
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`Bowerman Marks. In doing so, Kelly Bowerman wrongfully sought to exploit his surname
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`notwithstanding the secondary meaning and goodwill associated with that surname in connection
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`with Plaintiffs’ business and line of products.
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`57.
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`Kelly Bowerman purposefully and voluntarily used deceptively similar marks with
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`the awareness and intent that Green Acres’ products bearing these marks would be purchased by
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`consumers in Michigan. These infringing products have been and continue to be purchased by
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`consumers in Michigan. Upon information and belief, consumers from out of state in search of
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`Plaintiffs’ products have been misdirected to Green Acres as a result of Kelly Bowerman’s
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`deceptive acts and practices.
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`58.
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`On information and belief, Kelly Bowerman controls the finances, policies and
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`business affairs of Green Acres, and is the sole or dominant beneficiary of Green Acres’ sales.
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`59.
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`60.
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`On information and belief, Green Acres does not observe corporate formalities.
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`On information and belief, Kelly Bowerman directs and manages all of Green
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`Acres’s business activities, including the infringement alleged in this Complaint.
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`61.
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`Kelly Bowerman acts as the sole public-facing individual involved in marketing
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`and promoting the Green Acres business, including participating personally in spots on local
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`radio station 99.3. Upon information and belief, Kelly Bowerman also directed the construction
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`of a sizeable billboard in an effort to misdirect customers seeking Plaintiffs’ business to Green
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`Acres location instead:
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`62.
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`Upon information and belief, Kelly Bowerman operates Green Acres to perpetrate
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`a fraud or injustice, namely, to ensure that Kelly Bowerman himself would not be subject to
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`personal liability for infringing on Plaintiffs’ trademark rights. Green Acres is the agent or alter
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`ego of Kelly Bowerman and this Court may pierce the corporate veil to find Kelly Bowerman
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`personally liable for infringement of the Bowerman Marks.
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`63.
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`Alternatively, Kelly Bowerman aids and abets and/or knowingly induces
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`infringement by Green Acres, and is the primary beneficiary of the infringing conduct of Green
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`Acres.
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`Widespread Actual Consumer Confusion
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`64.
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`Defendants’ promotion and sale of the Green Acres/Bowerman Farm Market and
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`Bowerman’s Famous Blueberry Donuts have led to consumers being confused over the
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`origination and affiliation of Defendants’ products or falsely assume that Plaintiffs sponsor
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`Defendants use of the Bowerman Marks.
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`65.
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`On or about March 25, 2020, an employee of Plaintiffs reported that their store
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`received a phone call asking if Green Acres was open.
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`66.
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`On or about May 16, 2020, Plaintiffs received a text from a neighbor to inquire
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`“[d]id you guys buy the Green Acres Building now? My parents said they were there and saw
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`your donuts.”
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`67.
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`Customers have also complained to Plaintiffs about the inferior quality of
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`products purchased at Green Acres, mistakenly assuming these products were authentic
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`Bowerman baked goods. For example, one customer called Plaintiffs to complain about a
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`blueberry pie purchased from Green Acres “and how bad it was.” During the call, this customer
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`indicated that she assumed it was Plaintiffs’ due to the use of the last name.
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`68.
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`Customers have also complained about price differences between Plaintiffs fresh
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`baked products and Green Acres’ competing, often wholesale purchased, goods. On at least one
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`occasion, a customer complained about Plaintiffs’ pricing after purchasing a 4-pack of Green
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`Acres’ muffins for $8.
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`69.
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`Local outlets providing advertising for both Green Acres and Plaintiffs have
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`struggled to distinguish the two businesses. Local radio station 99.3, for example, has struggled
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`to mark the distinction, referring to “Bowerman Farm Market - formally Green Acres.”
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`70.
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`Plaintiffs’ vendors and its bank have likewise struggled to distinguish between
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`Plaintiffs and Green Acres. On at least one occasion in August 2020, a vendor attempted to
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`deliver an order intended for Plaintiffs to Green Acres Farm Market instead.
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`71.
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`As a result of Defendants deliberate efforts to market products as “famous”
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`Bowerman products, customers who have become regular consumers of Plaintiffs’ products or
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`learned of the products popularity may now associate it with an entirely different entity. In doing
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`so, Green Acres and/or Kelly Bowerman have been able to successfully divert customers of
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`Plaintiffs to Green Acres.
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`72.
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`Unless Plaintiffs’ requested relief is granted, Defendants’ ill-gotten gains will
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`continue to cause actual confusion and irreparably harm the goodwill that had been
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`accomplished through ingenuity and more than half a century of hard work.
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`FIRST CAUSE OF ACTION
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`Federal Trademark Infringement, Federal Unfair Competition, and False Designation of Origin
`Under The Lanham Act, 15 U.S.C. §§ 1051 et seq. by Defendant Green Acres
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`73.
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`Plaintiffs repeat and incorporate by reference the allegations contained in the
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`foregoing paragraphs of this Complaint.
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`74.
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`Plaintiffs possess valid and enforceable rights in the Bowerman Marks in
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`connection with all of the goods and services at issue in this case by virtue of their federal
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`registration and their extensive use, promotion, and advertisement of the products bearing the
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`Bowerman Marks, and have possessed such rights at all times material hereto.
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`75.
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`By virtue of their extensive use, registration, advertising, promotion, and
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`consumer and marketplace recognition, the Bowerman Marks have acquired secondary meaning,
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`and are entitled to protection against infringement.
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`76.
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`Having acquired secondary meaning, the Bowerman Marks are valid
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`notwithstanding incorporation of the surname “Bowerman” in connection with the marks.
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`77.
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`Green Acres’ unauthorized use of Plaintiffs’ marks is likely to cause confusion, or
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`to cause mistake, or to deceive as to the sponsorship, affiliation, connection, or association of
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`Green Acres or its commercial activities with Plaintiffs or Plaintiffs’ commercial activities, or as
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`to the origin, sponsorship, or approval of Green Acres’s services or commercial activities by
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`Plaintiffs.
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`78.
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`Green Acres’ conduct is willful, deliberate, in bad faith, and undertaken with
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`knowledge of Plaintiff’s prior rights, and with full knowledge that Green Acres has no right,
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`license, or authority to use Plaintiffs’ trademarks or any confusingly similar variants thereof,
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`including “Green Acres/Bowerman’s Farm Market” or “Bowerman’s Famous Blueberry
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`Donuts”. Green Acres’s aforementioned acts constitute willful violation of Plaintiffs marks in
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`violation of the Lanham Act, Sections 32 and 43, 15 U.S.C. §§ 1114, 1125.
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`79.
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`By such wrongful acts, Green Acres has caused, and unless restrained by the
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`Court under 15 U.S.C. § 1116 will continue to cause, serious irreparable injury and damage to
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`Plaintiffs and to the goodwill associated with the Bowerman Marks. This harm constitutes an
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`injury for which Plaintiffs have no adequate remedy at law.
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`SECOND CAUSE OF ACTION
`
`Federal Trademark Infringement, Federal Unfair Competition, and False Designation of Origin
`Under The Lanham Act, 15 U.S.C. §§ 1051 et seq. by Defendant Kelly Bowerman
`
`
`80.
`
`Plaintiffs repeat and incorporate by reference the allegations contained in the
`
`foregoing paragraphs of this Complaint.
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`81.
`
`Upon information and belief, Kelly Bowerman is the current operator of and
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`controls Green Acres Farm Market, LLC, and its storefront of the same name. On information
`
`and belief, Kelly Bowerman took over operation of Green Acres by agreement with its owners,
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`Mark W. Goetsch and Camie Goetsch, in order to capitalize on the goodwill associated with his
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`family’s name and enter into direct competition with his former employer.
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`82.
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`Kelly Bowerman has and continues to aid and abet other persons (e.g., Green
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`Acres Farm Market, Mark W. Goetsch, and Camie Goetsch) to infringe the Bowerman Marks by
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`actively and knowingly inducing others to infringe via making, advertising, selling, offering to
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`Case 1:22-cv-00219-JMB-SJB ECF No. 1, PageID.18 Filed 03/09/22 Page 18 of 24
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`sell, distributing, and using Plaintiffs’ marks in connection with similar produce and consumable
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`goods.
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`83.
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`Kelly Bowerman has infringed, currently directly infringes, and will continue to
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`directly infringe the Bowerman Marks through the promotion, marketing, and sale of products
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`bearing said marks or confusingly similar variants thereof, at Green Acres Farm Market.
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`84.
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`Kelly Bowerman’s unauthorized use of Plaintiffs’ marks has already and is likely
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`to continue to cause confusion, or mistake, or to deceive as to the sponsorship, affiliation,
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`connection, or association of himself or Green Acres (the entity that he presently controls), or its
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`commercial activities with Plaintiffs or Plaintiffs’ commercial activities, or as to the origin,
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`sponsorship, or approval of Green Acres’ services or commercial activities by Plaintiffs.
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`85.
`
`Kelly Bowerman’s aforementioned acts constitute willful violation of Plaintiffs
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`marks in violation of the Lanham Act, Sections 32 and 43, 15 U.S.C. §§ 1114, 1125.
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`86.
`
`By such wrongful acts, Kelly Bowerman has caused, and unless restrained by the
`
`Court under 15 U.S.C. § 1116 will continue to cause, serious irreparable injury and damage to
`
`Plaintiffs and to the goodwill associated with the Bowerman Marks. This harm constitutes an
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`injury for which Plaintiffs have no adequate remedy at law.
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`THIRD CAUSE OF ACTION
`
`Common Law Trademark Infringement against Green Acres
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`87.
`
`Plaintiffs repeats and incorporate by reference the allegations contained in the
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`foregoing paragraphs.
`
`88.
`
`89.
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`The Bowerman Marks are valid and legally protectable.
`
`Gr