Trademark Infringement Case Filed Against Home Improvement Retailer Menards Inc. May Lead to Patent Claim
5/3/2010

Summary:

Stoel Rives attorney John Brogan discussed in The Business Journal a trademark infringement claim filed by landscaping block manufacturer Anchor Block Co. against home improvement retailer Menards Inc. Menards recently stopped purchasing Anchor products and instead sold blocks made by Menard subsidiary Midwest Manufacturing. Anchor filed suit after spotting photos of Anchor blocks in Menard's fliers advertising the store-brand products. At least one photo in a Menards flier appears identical to one on Anchor's website.

"In the business, we call that a bad fact," said Brogan. While the photos will help Anchor's case, he noted that the trademark claims could still be difficult to prove. More likely, he noted, is that Anchor is digging for clues about Midwest Manufacturing's block manufacturing process in order to prove a patent claim. "Designing around is part of what the patent process is meant to encourage. You get this information out there and people can build a better mousetrap," Brogan said. "Anytime you have market forces where you need to put downward pressure on costs and where you have this kind of supplier relationship, something like this can happen."

"Anchor Block says Menards knocked off its blocks" was published by The Minneapolis / St. Paul Business Journal, April 30, 2010.