Little Leaf Farms appears to be attempting to use trademark law to protect....a method of growing lettuce.
Here's the application, which claims "a three-dimensional configuration of a lettuce leaf with a curled and curved spine leading into ruffled edges" for use in connection with fresh lettuce:
https://tsdr.uspto.gov/#caseNumber=97912382&caseType=SERIAL_NO&searchType=statusSearch
Little Leaf's VP of marketing said that the shape is "due to a type of seed that has the inherent ability to grow into a curly lettuce, which is then nurtured with a particular recipe of natural light, moisture, nutrients, and custom-built greenhouses."
So, basically, they want to use trademark law monopolize a certain method of growing this particular type of seed.
That's not what trademark law is supposed to do.
Okay, so, wow. Lots of questions about this part:
"Little Leaf doesn’t own exclusive rights to said seed, or else it would be filing for a plant patent application."
For more on plant patents (which only apply to asexually reproduced plants), see Chapter 11 of our free casebook:
https://patentlawcasebook.com/
CC: @jocelynbosse
Ha! I could have just waited 11 seconds on my question. :)
Sarah Fackrell
Jason Perseus has moved