Platinum Performance Successfully Protects Its Product and Company Name
Equestrian News Release
Agreement Reached with Farnam Companies
Buellton, California (February 28th, 2006) Platinum Performance Inc., a California manufacturer of premium nutritional products for horses, companion animals and humans, today announced it has reached an agreement with Farnam Companies in its lawsuit to prevent Farnam’s use of the name “Platform Performance” on a new line of equine products.
“Our family business has had trademark rights to the name, Platinum Performance, for nearly ten years, and we are pleased to be able to protect it from infringement,” said Doug J. Herthel, DVM, founder of Platinum Performance, Inc. “We were concerned because we were experiencing a significant amount of confusion among horse owners, veterinarians, and trade publications due to the similarity of the ‘Platform Performance’ name and our company and flagship product name ‘Platinum Performance.’ Now the difference between the names will be clear.”
Platinum Performance, Inc. brought suit against Farnam Companies in June 2005 after attempts to resolve the naming issue, were unsuccessful.
The settlement between the two parties:
* Farnam will re-name the “Platform Performance” product to “Platform
Sport and Performance” on packaging, and all images of the packaging in advertisements and other promotional materials.
* Farnam agrees that all other public uses of the term "platform" with
"performance" in text will always include an additional descriptive term(s).
e.g., "PLATFORM For Sport & Performance Horses" or "PLATFORM Sport & Performance Horse Formula.”
* Platinum Performance Inc. will release all charges against Farnam
* Farnam will release counterclaims it filed against Platinum
Performance Inc.
* Platinum Performance will continue to follow guidelines as a member
of the NASC.
“For the past 10 years our company has grown through word of mouth, so we take protecting our company name and trademarks from infringement very seriously,” stated Mark Herthel, President, co-founder and son of Dr. Douglas Herthel. “We are happy with the outcome of this settlement, as our trademark has been protected. Now when our clients tell their friends or clients about Platinum Performance there will be less chance of confusion.”
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