Tessenderlo Kerley, Inc. And Precision Laboratories, LLC Settle Trademark Infringement Litigation
Phoenix, AZ – January 11, 2019 - Tessenderlo Kerley, Inc., part of Tessenderlo Group (EBR: TESB) reached a settlement with Precision Laboratories, LLC (Precision) 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. N-Sure is one of several liquid fertilizer products manufactured and sold by Tessenderlo Kerley Inc. Crop Vitality business unit, the world's premier producer of sulfur-based crop nutrients.
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 U.S. 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.
About Crop Vitality
Crop Vitality (www.cropvitality.com) is the world's largest and leading producer of sulfur-based liquid plant nutrition products for the agriculture industry. Crop Vitality also produces solid and soluble fertilizer products. Known globally for its specialized crop and soil nutrients, Crop Vitality is committed to nurture crop life through innovation, research and development of sustainable and nutrient-filled fertilizers. Crop Vitality is part of Tessenderlo Group.
About Tessenderlo Kerley, Inc.
With headquarters in Phoenix, Arizona, Tessenderlo Kerley, Inc. (www.tkinet.com) produces and markets specialty chemical and service solutions, including fertilizers, crop protection and process chemicals and services to global markets. Tessenderlo Kerley, Inc. operates 11 manufacturing plants and maintains an extensive terminal network in North America.
About Tessenderlo Group
Tessenderlo Group (www.tessenderlo.com) is a diversified industrial group that focuses on agriculture, valorizing bio-residuals and providing industrial solutions. The group employs approximately 4,500 people, is a leader in most of its markets and recorded a consolidated revenue of 1.7 billion EUR in 2017. Tessenderlo Group is listed on Euronext Brussels and is part of Next 150 and BEL Mid indices. Financial News wires: Bloomberg: TESB BB – Reuters: TESB.BR – Datastream: B:Tes.