MBA Poultry-Perdue “Smart Chicken” lawsuit allowed to continue
A federal judge has refused to dismiss a lawsuit filed by Tecumseh Poultry dba MBA Poultry against Perdue Holdings Inc. and Perdue Farms Inc., which accused Perdue of infringing on the “Smart Chicken” and other trademarks used by MBA Poultry. According to the Lincoln Journal-Star, U.S. District Judge John Gerrard of Lincoln said this week he would not dismiss the lawsuit against Perdue But he said Tecumseh Poultry has work to do to prove its case.
"The court has its initial reservations about whether Tecumseh will ultimately be able to prove a likelihood of confusion" among consumers by Perdue's use of the trademarks in question, he said. "The court also recognizes Perdue's concern that Tecumseh has unduly delayed bringing this action. But these matters cannot be resolved on a motion to dismiss."