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When he crowed, the cocks in all the neighboring farmyards replied to him, as if they were uttering challenges from farm to farm. The girl looked at them without. Farm Girl Fresh, LLC. P.O. Box Litchfield, MN ISBN# This resource book contains views and opinions of the authors and is. America is not a challenge, or a burden. I love living in a small town, having the ability to know my neigh- bors, and a genuine feeling.

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This pattern is a companion project to Lori Holt's Farm Girl Vintage book. You will need the Farm Girl Vintage Book to complete the Pie Cherries Block, Fresh Pears Block, Canning Season Block, Baking Day Block and the Mama Hen Block. Lori Holt of Bee in my Bonnet for It's Sew Emma. Finished sizes: Quilts - " x " Pillow - " x " This pattern is a companion project to Lori Holt's Farm Girl Vintage book. You must have the Farm Girl. Are you looking for more Farm Girl Vintage fun from Lori Holt of Bee In My Bonnet ? We have great news! Now available at Fat Quarter Shop are not one, not two.

As the weather was very fine, the people on the farm had hurried through their dinner and had returned to the fields. The servant, Rose, remained alone in the large kitchen, where the fire was dying out on the hearth beneath the large boiler of hot water. From time to time she dipped out some water and slowly washed her dishes, stopping occasionally to look at the two streaks of light which the sun threw across the long table through the window, and which showed the defects in the glass. Three venturesome hens were picking up the crumbs under the chairs, while the smell of the poultry yard and the warmth from the cow stall came in through the half-open door, and a cock was heard crowing in the distance. When she had finished her work, wiped down the table, dusted the mantelpiece and put the plates on the high dresser close to the wooden clock with its loud tick-tock, she drew a long breath, as she felt rather oppressed, without exactly knowing why. She looked at the black clay walls, the rafters that were blackened with smoke and from which hung spiders' webs, smoked herrings and strings of onions, and then she sat down, rather overcome by the stale odor from the earthen floor, on which so many things had been continually spilled and which the heat brought out.

She took up a bundle of straw, threw it into the ditch and sat down upon it. Then, not feeling comfortable, she undid it, spread it out and lay down upon it at full length on her back, with both arms under her head and her legs stretched out.

Gradually her eyes closed, and she was falling into a state of delightful languor.

She was, in fact, almost asleep when she felt two hands on her bosom, and she sprang up at a bound. It was Jacques, one of the farm laborers, a tall fellow from Picardy, who had been making love to her for a long time. He had been herding the sheep, and, seeing her lying down in the shade, had come up stealthily and holding his breath, with glistening eyes and bits of straw in his hair. He tried to kiss her, but she gave him a smack in the face, for she was as strong as he, and he was shrewd enough to beg her pardon; so they sat down side by side and talked amicably.

They spoke about the favorable weather, of their master, who was a good fellow, then of their neighbors, of all the people in the country round, of themselves, of their village, of their youthful days, of their recollections, of their relations, who had left them for a long time, and it might be forever. She grew sad as she thought of it, while he, with one fixed idea in his head, drew closer to her. Suddenly, however, he seized her by the neck and kissed her again, but she struck him so violently in the face with her clenched fist that his nose began to bleed, and he got up and laid his head against the stem of a tree.

When she saw that, she was sorry, and going up to him, she said: What a devil! When the bleeding had stopped, he proposed a walk, as he was afraid of his neighbor's heavy hand, if they remained side by side like that much longer; but she took his arm of her own accord, in the avenue, as if they had been out for an evening's walk, and said: No, he did not despise her.

He was in love with her, that was all. He hesitated and then looked at her sideways, while she looked straight ahead of her.

She had fat, red cheeks, a full bust beneath her cotton jacket; thick, red lips; and her neck, which was almost bare, was covered with small beads of perspiration. He felt a fresh access of desire, and, putting his lips to her ear, he murmured: Then she threw her arms round his neck and kissed him till they were both out of breath.

From that moment the eternal story of love began between them. They plagued one another in corners; they met in the moonlight beside the haystack and gave each other bruises on the legs, under the table, with their heavy nailed boots. By degrees, however, Jacques seemed to grow tired of her; he avoided her, scarcely spoke to her, and did not try any longer to meet her alone, which made her sad and anxious; and soon she found that she was enceinte. At first she was in a state of consternation, but then she got angry, and her rage increased every day because she could not meet him, as he avoided her most carefully.

At last, one night, when every one in the farmhouse was asleep, she went out noiselessly in her petticoat, with bare feet, crossed the yard and opened the door of the stable where Jacques was lying in a large box of straw above his horses. He pretended to snore when he heard her coming, but she knelt down by his side and shook him until he sat up. And with clenched teeth, and trembling with anger, she replied: Then she seized him by the throat, threw him or his back, so that he could not get away from her, and, half strangling him, she shouted into his face:.

He gasped for breath, as he was almost choked, and so they remained, both of them, motionless and without speaking, in the dark silence, which was only broken by the noise made by a horse as he, pulled the hay out of the manger and then slowly munched it.

When Jacques found that she was the stronger, he stammered out: She had no chance of speaking to him for several days; and, as the stable was now always locked at night, she was afraid to make any noise, for fear of creating a scandal. One morning, however, she saw another man come in at dinner time, and she said: This made her tremble so violently that she could not take the saucepan off the fire; and later, when they were all at work, she went up into her room and cried, burying her head in the bolster, so that she might not be heard.

During the day, however, she tried to obtain some information without exciting any suspicion, but she was so overwhelmed by the thoughts of her misfortune that she fancied that all the people whom she asked laughed maliciously. All she learned, however, was that he had left the neighborhood altogether.

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Then a cloud of constant misery began for her. She worked mechanically, without thinking of what she was doing, with one fixed idea in her head:. This continual feeling made her so incapable of reasoning that she did not even try to think of any means of avoiding the disgrace that she knew must ensue, which was irreparable and drawing nearer every day, and which was as sure as death itself. She got up every morning long before the others and persistently tried to look at her figure in a piece of broken looking-glass, before which she did her hair, as she was very anxious to know whether anybody would notice a change in her, and, during the day, she stopped working every few minutes to look at herself from top to toe, to see whether her apron did not look too short.

The months went on, and she scarcely spoke now, and when she was asked a question, did not appear to understand; but she had a frightened look, haggard eyes and trembling hands, which made her master say to her occasionally: In church she hid behind a pillar, and no longer ventured to go to confession, as she feared to face the priest, to whom she attributed superhuman powers, which enabled him to read people's consciences; and at meal times the looks of her fellow servants almost made her faint with mental agony; and she was always fancying that she had been found out by the cowherd, a precocious and cunning little lad, whose bright eyes seemed always to be watching her.

One morning the postman brought her a letter, and as she had never received one in her life before she was so upset by it that she was obliged to sit down. Perhaps it was from him? But, as she could not read, she sat anxious and trembling with that piece of paper, covered with ink, in her hand. After a time, however, she put it into her pocket, as she did not venture to confide her secret to any one. She often stopped in her work to look at those lines written at regular intervals, and which terminated in a signature, imagining vaguely that she would suddenly discover their meaning, until at last, as she felt half mad with impatience and anxiety, she went to the schoolmaster, who told her to sit down and read to her as follows:.

I write to tell you that I am very ill. Our neighbor, Monsieur Dentu, begs you to come, if you can. She did not say a word and went away, but as soon as she was alone her legs gave way under her, and she fell down by the roadside and remained there till night.

When she got back, she told the farmer her bad news, and he allowed her to go home for as long as she liked, and promised to have her work done by a charwoman and to take her back when she returned. Her mother died soon after she got there, and the next day Rose gave birth to a seven-months child, a miserable little skeleton, thin enough to make anybody shudder, and which seemed to be suffering continually, to judge from the painful manner in which it moved its poor little hands, which were as thin as a crab's legs; but it lived for all that.

She said she was married, but could not be burdened with the child, so she left it with some neighbors, who promised to take great care of it, and she went back to the farm. But now in her heart, which had been wounded so long, there arose something like brightness, an unknown love for that frail little creature which she had left behind her, though there was fresh suffering in that very love, suffering which she felt every hour and every minute, because she was parted from her child.

What pained her most, however, was the mad longing to kiss it, to press it in her arms, to feel the warmth of its little body against her breast. She could not sleep at night; she thought of it the whole day long, and in the evening, when her work was done, she would sit in front of the fire and gaze at it intently, as people do whose thoughts are far away.

They began to talk about her and to tease-her about her lover. They asked her whether he was tall, handsome and rich. When was the wedding to be and the christening? And often she ran away to cry by herself, for these questions seemed to hurt her like the prick of a pin; and, in order to forget their jokes, she began to work still more energetically, and, still thinking of her child, she sought some way of saving up money for it, and determined to work so that her master would be obliged to raise her wages.

By degrees she almost monopolized the work and persuaded him to get rid of one servant girl, who had become useless since she had taken to working like two; she economized in the bread, oil and candles; in the corn, which they gave to the chickens too extravagantly, and in the fodder for the horses and cattle, which was rather wasted.

She was as miserly about her master's money as if it had been her own; and, by dint of making good bargains, of getting high prices for all their produce, and by baffling the peasants' tricks when they offered anything for sale, he, at last, entrusted her with buying and selling everything, with the direction of all the laborers, and with the purchase of provisions necessary for the household; so that, in a short time, she became.

She kept such a strict eye on everything about her that, under her direction, the farm prospered wonderfully, and for five miles around people talked of "Master Vallin's servant," and the farmer himself said everywhere: But time passed by, and her wages remained the same. Her hard work was accepted as something that was due from every good servant, and as a mere token of good will; and she began to think rather bitterly that if the farmer could put fifty or a hundred crowns extra into the bank every month, thanks to her, she was still only earning her two hundred francs a year, neither more nor less; and so she made up her mind to ask for an increase of wages.

She went to see the schoolmaster three times about it, but when she got there, she spoke about something else. She felt a kind of modesty in asking for money, as if it were something disgraceful; but, at last, one day, when the farmer was having breakfast by himself in the kitchen, she said to him, with some embarrassment, that she wished to speak to him particularly. He raised his head in surprise, with both his hands on the table, holding his knife, with its point in the air, in one, and a piece of bread in the other, and he looked fixedly at, the girl, who felt uncomfortable under his gaze, but asked for a week's holiday, so that she might get away, as she was not very well.

He acceded to her request immediately, and then added, in some embarrassment himself:. The child was nearly eight months old, and she did not recognize it.

It had grown rosy and chubby all over, like a little roll of fat. She threw herself on it, as if it had been some prey, and kissed it so violently that it began to scream with terror; and then she began to cry herself, because it did not know her, and stretched out its arms to its nurse as soon as it saw her.

But the next day it began to know her, and laughed when it saw her, and she took it into the fields, and ran about excitedly with it, and sat down under the shade of the trees; and then, for the first time in her life, she opened her heart to somebody, although he could not understand her, and told him her troubles; how hard her work was, her anxieties and her hopes, and she quite tired the child with the violence of her caresses.

She took the greatest pleasure in handling it, in washing and dressing it, for it seemed to her that all this was the confirmation of her maternity; and she would look at it, almost feeling surprised 'that it was hers, and would say to herself in a low voice as she danced it in her arms: She cried all the way home as she returned to the farm and had scarcely got in before her master called her into his room; and she went, feeling astonished and nervous, without knowing why.

She sat down, and for some moments they remained side by side, in some embarrassment, with their arms hanging at their sides, as if they did not know what to do with them, and looking each other in the face, after the manner of peasants.

The farmer, a stout, jovial, obstinate man of forty-five, who had lost two wives, evidently felt embarrassed, which was very unusual with him; but, at last, he made. She did not move, but looked frightened; she did not even try to comprehend his meaning, for her thoughts were in a whirl, as if at the approach of some great danger; so, after waiting for a few seconds, he went on: She jumped up, but fell back on her chair, as if she had been struck, and there she remained motionless, like a person who is overwhelmed by some great misfortune.

At last the farmer grew impatient and said: And he hurried out of the room, very glad to have got through with the matter, which had troubled him a good deal, for he had no doubt that she would the next morning accept a proposal which she could never have expected and which would be a capital bargain for him, as he thus bound a woman to his interests who would certainly bring him more than if she had the best dowry in the district.

Neither could there be any scruples about an unequal match between them, for in the country every one is very nearly equal; the farmer works with his laborers, who frequently become masters in their turn, and the female servants constantly become the mistresses of the establishments without its making any change in their life or habits.

Rose did not go to bed that night. She threw herself, dressed as she was, on her bed, and she had not even the strength to cry left in her, she was so thoroughly dumfounded. She remained quite inert, scarcely knowing that she had a body, and without being at all able to collect her thoughts, though, at moments, she remembered something of what had happened, and then she was frightened at the idea of what might happen. Her terror increased, and every time the great kitchen clock struck the hour she broke out in a perspiration from grief.

She became bewildered, and had the nightmare; her candle went out, and then she began to imagine that some one bad cast a spell over her, as country people so often imagine, and she felt a mad inclination to run away, to escape and to flee before her misfortune, like a ship scudding before the wind.

An owl hooted; she shivered, sat up, passed her hands over her face, her hair, and all over her body, and then she went downstairs, as if she were walking in her sleep. When she got into the yard she stooped down, so as not to be seen by any prowling scamp, for the moon, which was setting, shed a bright light over the fields.

Instead of opening the gate she scrambled over the fence, and as soon as she was outside she started off.

She went on straight before her, with a quick, springy trot, and from time to time she unconsciously uttered a piercing cry. Her long shadow accompanied her, and now and then some night bird flew over her head, while the dogs in the farmyards barked as they heard her pass; one even jumped over the ditch, and followed her and tried to bite her, but she turned round and gave such a terrible yell that the frightened animal ran back and cowered in silence in its kennel.

The stars grew dim, and the birds began to twitter; day was breaking. The girl was worn out and panting; and when the sun rose in the purple sky, she stopped, for her swollen feet refused to go any farther; but she saw a pond in the distance, a large pond whose stagnant water looked like blood under the reflection of this new day, and she limped on slowly with her hand on her heart, in order to dip both her feet in it. She sat down on a tuft of grass, took off her heavy shoes, which were full of dust, pulled off her stockings and plunged her legs into the still water, from which bubbles were rising here and there.

A feeling of delicious coolness pervaded her from head to foot, and suddenly, while she was looking fixedly at the deep pool, she was seized with dizziness, and with a mad longing to throw herself into it. All her sufferings would be over in there, over forever.

She no longer thought of her child; she only wanted peace, complete rest, and to sleep forever, and she got up with raised arms and took two steps forward. She was in the water up to her thighs, and she was just about to throw her self in when sharp, pricking pains in her ankles made her jump back, and she uttered a cry of despair, for, from her knees to the tips of her feet, long black leeches were sucking her lifeblood, and were swelling as they adhered to her flesh.

She did not dare to touch them, and screamed with horror, so that her cries of despair attracted a peasant, who was driving along at some distance, to the spot. He pulled off the leeches one by one, applied herbs to the wounds, and drove the girl to her master's farm in his gig. She was in bed for a fortnight, and as she was sitting outside the door on the first morning that she got up, the farmer suddenly came and planted himself before her.

I should just like to know the reason why? The man got as red as a poppy, and stammered out in a rage: So you confess it, you slut! And pray who is the fellow? Some penniless, half- starved ragamuffin, without a roof to his head, I suppose? Who is it, I say? Specifically, the Coffee Sack 26 Burlap Wrap does not serve to protect the flowers, aid in providing water to the flowers, shield the 27 flowers from sun, heat, rain or cold, or serve any functional purpose other than as a brand identifier 28 for Farmgirl Fowers.

Farmgirl Flowers has attained strong name recognition among consumers and the 6 marketplace in general with the Coffee Sack Burlap Wrap trade dress, which has come to be 7 associated with Farmgirl Flowers, and which identifies Farmgirl Flowers as the source of its 8 products.

Farmgirl Flowers has spent significant sums marketing, advertising and promoting its 9 products in connection with the Coffee Sack Burlap Wrap trade dress, and considers its property 10 right in this trade dress to be a vitally important, valuable asset for the company.

Bloom Thats coffee sack burlap wrapping is 24 nearly identical in appearance to the Coffee Sack Burlap Wrap trade dress of Farmgirl Flowers. It 25 is made from the same material, and is substantially identical in color, texture and size to Farmgirl 26 Flowers Coffee Sack Burlap Wrap trade dress Bloom That has been previously notified in writing that Farmgirl Flowers owns and asserts trade dress rights in its Coffee Sack Burlap Wrap and that Bloom Thats continued infringement of Farmgirl Flowers trade dress rights is unlawful.

Nonetheless, Bloom That has willfully, wantonly, and intentionally continued to infringe upon the trade dress rights of Farmgirl Flowers. Farmgirl Flowers trade dress rights, and remedy the ongoing consumer confusion created by Bloom Thats unlawful behavior.

An injunction is in the public interest as well as it is necessary to protect consumers from the deception Bloom Thats infringing conduct is causing in the marketplace.

Complaint of Farmgirl Flowers, Inc. Sack Burlap Wrap for wrapping its flower arrangements. Burlap Wrap trade dress configuration, the configuration has, in addition to being inherently distinctive, also developed secondary meaning as an indicator to consumers and the marketplace that Farmgirl Flowers is the source of its goods.

Bloom That did so both before and after it was notified by Farmgirl 2 Flowers that its conduct was unlawful and infringing. Section Farmgirl Flowers therefore has no adequate remedy at law and seeks preliminary and 17 permanent injunctive relief to halt Bloom Thats unlawful infringement upon Farmgirl Flowers 18 trade dress rights.

Farmgirl Flowers therefore has no adequate remedy at law and seeks preliminary and 14 permanent injunctive relief. Code 20 Section et. Farmgirl Flowers therefore has no adequate remedy at law and seeks preliminary and 4 permanent injunctive relief.

Nonetheless, Bloom That has 17 willfully, wantonly, and intentionally continued to infringe upon the trade dress rights of Farmgirl 18 Flowers. The amount of monetary damages to 21 Farmgirl Flowers cannot be ascertained at this time, but it is substantial, continuing, and ongoing.

Farmgirl Flowers v. Bloom That - floral arrangements. Flag for inappropriate content. Related titles. Powerful Katinka, Inc. McFarland et al - Document No. Jonathon Rowles v.

Smith v. Hilltop Realty, Hilltop Realty v. Smith,et Al. George Arthur v. Ewald P. Nyquist, and Eugene T. Reville, F. Myrna Cheffer v. Chandler, Melbourne, Chief of Police, 6 F.

Jump to Page. Search inside document. This action arises out of Defendants flagrant and willful infringement of Farmgirl 26 Flowers trade dress rights in the unique and brand-identifying burlap coffee sack flower wrapping 27 the Coffee Sack Burlap Wrap that Farmgirl Flowers uses to distinguish its flower arrangements 28 from those of its competitors. Case No. The use of a coffee sack style burlap wrapping for the presentation of flowers is an 11 idea that Farmgirl Flowers founder and CEO, Christina Stembel, came up with in , and 12 Farmgirl Flowers has been using this unique style of wrapping continuously in commerce since at 13 least November In September , and in acknowledgement of the fact that the Coffee Sack Burlap 20 Wrap was being closely associated with its products in the minds of consumers and the 21 marketplace, Farmgirl Flowers filed to protect its trade dress right in the Coffee Sack Burlap Wrap 22 by registering the design with the United States Patent and Trademark Office.

On information and belief, sometime after consumers and the marketplace had come 26 to associate the Coffee Sack Burlap Wrap with Farmgirl Flowers products, Bloom That opened up 27 in San Francisco and began selling and distributing lower quality flower arrangements that were 28 wrapped in a coffee sack burlap wrap that is suspiciously and remarkably similar to Farmgirl Complaint of Farmgirl Flowers, Inc. Bloom Thats copycat tactics have caused, and continue to cause, substantial harm 4 to Farmgirl Flowers business and reputation in that consumers have mistakenly believed that 5 flower arrangements created by Bloom That actually originate from Farmgirl Flowers.

The irreparable harm caused by Bloom Thats willful and manifest infringement to 9 Farmgirl Flowers reputation and significant goodwill is massive, and, unless enjoined by the Court, 10 will continue unabated.

Bloom That is a Delaware corporation and has its principal place of business in San 19 Francisco, California. Does are individual officers, director and employees of Bloom That who 21 personally directed, controlled, ratified, or otherwise participated in Bloom Thats infringing and 22 unlawful activity, but whose identities are presently unknown. The Court has subject matter jurisdiction over the Lanham Act causes of action 27 pleaded herein pursuant to 28 U.

Venue is proper in this District because Bloom That resides in the District and is 4 subject to personal jurisdiction within it, 28 U. During the year , Christina Stembel, founder and CEO of Farmgirl Flowers, 12 developed a novel idea that was substantially different from the existing business model for flower 13 sales and delivery that was then and remains the industry norm.

From its inception, Farmgirl Flowers has desired to be a socially and 19 environmentally conscious business, and this led Farmgirl Flowers to introduce other innovations 20 to the traditional flower sale and delivery model, including, where practicable, the utilization of 21 bicycle couriers, instead of trucks or vans, to deliver flowers, and other measures designed to 22 reduce the social and environmental impact of the traditional flower sale and delivery model.

Consistent with its business mission of selling natural, locally farmed flowers, and 24 its desire to build a brand image in the mind of consumers that would cause the marketplace to 25 associate its products with farms and farming in general, Farmgirl Flowers developed a unique 26 product packaging for its flower arrangements. Farmgirl Flowers business concept was a hit, and its and revenues grew rapidly 6 during the years During this time, Farmgirl Flowers innovative business model also attracted a large 12 social media following, including over 30, Instagram followers, and over 19, likes on 13 Facebook.

The success of Farmgirl Flowers, and its signature Coffee Sack Burlap Wrap, 17 quickly attracted the attention of news media both within and outside the flower industry, who 18 began writing about the company and its signature burlap packaging. Since November , Farmgirl Flowers has received a substantial amount of 20 unsolicited national media coverage that prominently features images of its Coffee Sack Burlap 21 Wrap trade dress and often comments on the trade dress.

Farmgirl Flowers and its Coffee Sack Burlap Wrap trade dress has also been the 27 focus of much online media attention. A May 8, , article on the blog Hong Kong Housewife raved about Farmgirl 4 Flowers unique burlap wrapping, use of local flowers, and environmentally friendly bicycle 5 delivery service. A May 28, , article on the blog Kaight noted of Farmgirl Flowers that they 7 wrap their arrangements in re-used burlap.

A July 10, , article on the blog Such is Life discussed Farmgirl Flowers, praised 10 the burlap wrapping, and contained numerous photographs of bouquets of flowers wrapped in the 11 Coffee Sack Burlap Wrap. An article in the September edition of the Society of American Florists 13 Magazine noted Farmgirl Flowers environmentally friendly and socially conscious business model, 14 and also noted that its flowers were delivered in trademarked burlap wraps.

A January 10, , article on the blog cocoonhome. A February 7, , article on the blog Fullospohie wrote of Farmgirl Flowers: A March 14, , article on the blog Spotted SF discussed Farmgirl Flowers 24 innovative business model and noted that its flowers were delivered bundled in her signature 25 burlap wrap.

These articles represent just a small sample of the dozens of articles that appeared in 5 the news media between the years and , praising Farmgirl Flowers unique, 6 environmentally-friendly, and socially conscious business model, and making specific mention of 7 its signature Coffee Sack Burlap Wrap trade dress. Farmgirl Flowers is currently finalizing the registration process for its trade dress 15 respecting the Coffee Sack Burlap Wrap before the USPTO and currently owns common law rights 16 in the design and trade dress for the use of that design and packaging.

The Coffee Sack Burlap Wrap constitutes an inherently distinctive and non- 23 functional packaging for Farmgirl Flowers arrangements. Farmgirl Flowers use of the Coffee Sack Burlap Wrap as trade dress has been 4 substantially continuous and exclusive excepting infringing conduct since at least November 5 Farmgirl Flowers vigorously seeks to enforce trade dress and trademark rights 14 against infringers, as evidenced by this action.

Seeking to capitalize on the success and reputation for quality that Farmgirl Flowers 17 had earned in the minds of consumers and the marketplace, and without having to re-create the 18 work and effort required to develop and build its own reputation or brand-identifying symbol, 19 sometime after Framgirl Flowers became associated with the Coffee Sack Burlap Wrap trade dress, 20 Bloom That began to unlawfully replicate the inherently distinctive trade dress of Farmgirl 21 Flowers Coffee Sack Burlap Wrap by using a nearly identical burlap coffee sack wrapping on its 22 own products.

It 25 is made from the same material, and is substantially identical in color, texture and size to Farmgirl 26 Flowers Coffee Sack Burlap Wrap trade dress 27 Consumers are highly likely, and, indeed, have on several occasions, been confused 28 as to the source, association, affiliation, endorsement or sponsorship of Bloom Thats flower Complaint of Farmgirl Flowers, Inc.

Upon information and belief, by using a coffee burlap sack wrapping that is nearly 4 identical to Farmgirl Flowers Coffee Sack Burlap Wrap, Bloom That has willfully and deliberately 5 sought to profit from Farmgirl Flowers good name and reputation - - a reputation that Farmgirl 6 Flowers spent substantial time and resources developing. On information and belief, Bloom Thats copycat tactics continue unheeded to this 8 day, and its unlawful activities continue to create confusion in the minds of consumers and the 9 marketplace regarding the origin of its flowers.

Farmgirl Flowers v. Bloom That - floral arrangements.pdf

Moreover, as Bloom Thats products are of inferior quality to those of Farmgirl 11 Flowers, this misassociation in the minds of consumers and the marketplace is harming Farmgirl 12 Flowers business and reputation by diluting and eroding their exemplary reputation for quality. The significant harm caused by Bloom Thats unlawful infringement on Farmgirl Flowers trade dress rights is both immediate and irreparable. Bloom Thats unlawful activities have caused, and will continue to cause, irreparable injuries by hurting the goodwill and reputation earned by Farmgirl Flowers.

An injunction is necessary to prevent Bloom That from continuing to infringe upon Farmgirl Flowers trade dress rights, and remedy the ongoing consumer confusion created by Bloom Thats unlawful behavior. Farmgirl Flowers incorporates by reference the allegations of paragraph 1- 41 above as if fully set forth herein.

Farmgirl Flowers owns federally protected trade dress rights respecting its Coffee Sack Burlap Wrap for wrapping its flower arrangements. The protected trade dress of Farmgirl Flowers in its Coffee Sack Burlap Wrap is inherently distinctive, and is non-functional.

Farmgirl Flowers has expended much effort and resources in the form of advertising, promotion, marketing, and web-site design in the trade dress configuration of its Coffee Sack Burlap Wrap.

As a result of such extensive and exclusive use and promotion of the Coffee Sack Burlap Wrap trade dress configuration, the configuration has, in addition to being inherently distinctive, also developed secondary meaning as an indicator to consumers and the marketplace that Farmgirl Flowers is the source of its goods.

The Story of a Farm Girl

Farmgirl Flowers trade dress represents valuable goodwill owned by Farmgirl Flowers. Bloom That has knowingly and willfully infringed on Farmgirl Flowers trade dress rights by offering for sale in interstate commerce goods that are likely to cause confusion, mistake or deception as to the source, origin, sponsorship or approval of its products, in that consumers and the marketplace have believed, and are likely to believe, that Bloom Thats products are actually 28 Complaint of Farmgirl Flowers, Inc.

Bloom Thats unlawful conduct detailed herein also constitutes a false designation 4 of origin or false representation that wrongfully and falsely designates products as originally from 5 or connected with Farmgirl Flowers and constitutes the use of false descriptions or representations 6 in interstate commerce. Upon information and belief, Bloom That has engaged in such conduct willfully, 8 deliberately and in conscious disregard of Farmgirl Flowers rights, making this an exceptional 9 case within the meaning of 15 U.

By reason of the forgoing, Farmgirl Flowers has been injured in amount not yet 11 ascertained and is entitled to relief, including all of the relief provided for in 15 U. Bloom Thats conduct described herein has caused, and if not enjoined will continue 14 to cause, irreparable damage to Farmgirl Flowers rights in its trade dress and to the business, 15 reputation and goodwill of Farmgirl Flowers, which cannot be compensated solely by money 16 damages.

Farmgirl Flowers incorporates by reference the allegations of paragraph 1 to 52 as if 21 fully set forth herein. Bloom That has knowingly infringed upon Farmgirl Flowers trade dress rights by 27 offering for sale goods or services, in overlapping geographic markets also serviced by Farmgirl 28 Flowers, that are likely to cause confusion, mistake or deception as to the source of origin, Complaint of Farmgirl Flowers, Inc.

Bloom Thats knowing and willful use has infringed Farmgirl Flowers trade dress 4 rights in commerce in violation of Farmgirl Flowers federal and state common law rights in its 5 trade dress. On information and belief, Bloom That has engaged in such conduct willfully, 7 deliberately and in conscious disregard of Farmgirl Flowers legal rights. By reason of the forgoing, Farmgirl Flowers has been injured in an amount not yet 9 ascertained and is entitled to the remedies provided for it under the common law.

RONI from Connecticut
I do fancy reading books loosely. See my other posts. I have a variety of hobbies, like keepie uppie.