PDSI files trademark, counterfeiting complaint
Plant Development Services Inc. (PDSI) in Loxley, Ala., filed a lawsuit against El Modeno Gardens Inc. in Irvine Calif. The suit alleges trademark infringement, counterfeiting and false designation of origin. The complaint arises from El Modeno Gardens' unlawful use of the Encore registered trademark, according to PDSI. El Modeno had a license agreement to propagate, produce and sell Encore products in California, but the agreement was terminated on July 6, 2005, according to a PDSI press release. The release also stated, "In a subsequent agreement dated Aug. 15, 2006, EMG agreed to cease and desist any and all use of the Encore trademark and/or the use of any name confusingly similar to the Encore name. This included, but was not limited to, trademark use on pots, tags, labels, containers, advertisements, brochures and Web sites. EMG also agreed to cease and desist from all further propagation, production, marketing, sales and shipping of Encore azaleas."
El Modeno disputes PDSI claim
El Modeno Gardens has not violated agreements with Plant Development Services Inc., said Jo-Anne Newton, El Modeno v.p. "After El Modeno mutually agreed to discontinue its business relationship with PDSI in September 2006, El Modeno took steps to remove all Encore pots from its sales inventory, even though it had PDSI's permission to sell through existing inventory through spring 2007," Newton said. "El Modeno has learned that PDSI found 1 instance in which a store has continued to display an El Modeno plant in an Encore pot. It is unclear whether this was merely part of old store inventory or existing pot inventory that was inadvertently shipped. El Modeno is working diligently to investigate and remedy the matter."
Andrea kicks off early hurricane season
This year's hurricane season started 3 weeks early. On Wednesday, Tropical Storm Andrea formed east of the Georgia/Florida border with sustained winds of 45 mph. By Thursday the storm had weakened to a tropical depression with 35 mph sustained winds. It was moving southwest and expected to dump 1 to several inches of rain along the upper Florida coast.
Hines: Past audits contain errors
Early this month Hines Hort., one of the nation's only publicly owned nursery producers, informed an audit committee that previously issued financial statements contained errors. These reports were for various quarters from 2004 to 2006. In April, Hines received notice from Nasdaq that it could be delisted for not filing its 2006 annual report on time. Hines stated it will get current with its filings as soon as it can straighten out the errors.
Plum pox in Mich., N.Y. is 'extraordinary emergency'
On May 9, USDA Ag. Sec. Mike Johans declared an "extraordinary emergency" in Michigan and New York for plum pox virus. This action makes funds available on a cost-share basis to assist with eradication of the disease in both states. The disease was confirmed at two commercial orchards in Niagara County, N.Y., last July and at a single location in Southwest Michigan in August. PPV affects several Prunus species; infected trees must be destroyed. The disease is spread short distances (a few meters to, rarely, 20 miles) by aphids.
Worth a visit
Doug Cole, president of D.S. Cole Growers in Loudon, N.H., identifies some of his top picks in plant material and production aids. Only on GreenBeam.com.
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