Farm company Fargo Bushel sues Canadian company for trademark infringement over phone app – Agweek

FARGO, North Dakota. A Fargo agricultural services company that created a phone app to help farmers manage their crops says a Canadian business with its own app is infringing on its trademark.

On Oct. 21, Bushel filed a trademark lawsuit in North Dakota District Court against Bushel Plus, an agricultural products and services company based in Brandon, Manitoba, about 130 miles west of Winnipeg. The lawsuit asks a judge to compel Bushel Plus to change its name and pay damages for alleged trademark infringement.

Entered / United States District Court of North Dakota

“On information and belief, Defendants’ (Bushel Plus) marketing and sales channels are virtually identical to those used by Plaintiff (Bushel),” the lawsuit states.

The lawsuit focuses on the names and programs created by the two companies. Bushel claims to have been offering agricultural products and services since 2017. According to a civil complaint filed with the lawsuit, her name was trademarked in 2018.

One of the services offered by Bushel is a mobile application called Bushel Farm, which allows farmers to more effectively track their harvest, operational and financial reporting. The application is also used by elevators, the lawsuit says.

“Since its inception, Bushel has spent considerable time, effort and money advertising and promoting its Bushel-branded goods and services and has generated substantial sales and revenue from Bushel-branded goods and services,” the lawsuit states.

Bushel Plus also has an app that Bushel says is used to “analyze, track and report certain data related to crops and harvesting operations.” Bushel Plus’ app is called Smartdrop and is used to calculate crop losses, according to its website.

Bushel Plus began using its name in 2017 and does business in North Dakota, the lawsuit says. In 2019, she applied to trademark her name and logo, the complaint said.

In the complaint, Bushel argued that Bushel Plus’ services overlapped with Bushel’s.

“The defendant’s use in commerce of the infringing mark is intended to create a situation where confusion is not only likely, but inevitable,” the complaint states. “Both Plaintiff and Defendant have, over time, come to use nearly identical marks and business names in connection with identical or closely related services to the same customers, using the same marketing channels in the same geographic regions.”

The use of the Bushel name caused confusion, the lawsuit says. The Bushel co-founder had a meeting with the grain company in 2023, but the lawsuit said the meeting was for Bushel Plus.

In another example, Agweek called Bushel in September 2023 to inquire about a company attending the Big Iron Farm Show in West Fargo, according to the complaint.

“Buchel had to explain that it was Buchel Plus who was present at the performance,” the lawsuit says.

Bushel Plus did not respond to a message from The Forum seeking comment for this story. Bushel declined to comment on the lawsuit.