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Tessenderlo Kerley, Inc. and Precision Laboratories, LLC settle trademark infringement litigation

Published by , Assistant Editor
World Fertilizer,

Tessenderlo Kerley, part of Tessenderlo Group, reached a settlement with Precision Laboratories for trademark infringement claims against Precision pertaining to the registered name of one of its Crop Vitality® liquid fertilizer products, N-Sure® slow release nitrogen which provides superior coverage and nitrogen absorption for crops.

As part of the settlement, Waukegan, Illinois-based Precision will not use the term “Ensure" or any phonetic or visual equivalent of the term “N-Sure" to name or trademark any Precision agricultural adjuvant or other product.

The lawsuit filed on September 19, 2018 in US District Court for the District of Arizona by Tessenderlo Kerley, Inc. alleged trademark infringement, unfair competition, false advertising, and related claims regarding Precision's use of the product names Ensure, Ensure Max, Ensure Elite, and Ensure Xtra. Precision has been marketing and advertising the Ensure product line as an adjuvant for agricultural use.

As part of the settlement agreement, Precision must sell off its remaining Ensure-labeled inventory to retailers and distributors before June 30, 2019. Sales of any product labeled Ensure to end users must cease on August 31, 2019.

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