MasterScapes, Inc. et al v. Cropper et al, Civil Action No. 4:23-cv-00076-WMR (N.D. Ga., Apr. 20, 2023)

A Texas-based, husband-and-wife landscaping and irrigation services corporation has brought suit in the Northern District against a Georgia resident for trademark infringement and unfair competition.

According to the Complaint, Plaintiffs have continuously used the mark, MASTERSCAPES, since 1994. They filed an application for their mark under Classes 37 and 42, which was granted in 1997 as Registration No. 2,032,316. The mark gained incontestability status in 2003.

Plaintiffs accuse the Defendant of infringing their mark by offering lawn care and related services under the same name. According to the Complaint, the Plaintiffs initially discovered the Defendant’s unauthorized use of the mark in 2020 through a Facebook page promoting lawn care services under the name “Masterscapes.” A cease-and-desist letter brought temporary relief. Three years later, Plaintiffs again discovered the individual using the mark. A second letter was sent, but was allegedly ignore, leading to this suit.

Plaintiffs seek judgment under 15 U.S.C. §§ 1114 and 1125(a) for trademark infringement and unfair competition, as well as a permanent injunction, treble damages, and “corrective advertising . . . sufficient to counteract the public confusion.”

The case has been assigned to Judge William Ray II.