TAMPA, Fla. — In the latest chapter in the ongoing trademark dispute between B&G Equipment Company and AiroFog USA, on Feb. 14, 2019, B&G filed a complaint in U.S. Federal Court alleging that Airofog USA of Brooksville, Fla., breached a 2017 Settlement Agreement between the parties.
The origins of the dispute date back to January 2016 when Airofog USA entered the U.S. pest control market offering a variety of pest control and vector products that are engineered in Germany and manufactured by Airofog Machinery, a Shanghai, China-based manufacturer. In December 2016, B&G filed a complaint in U.S. federal court alleging that certain products sold by Airofog USA of Brooksville, Fla., infringe upon B&G’s registered trademark rights.
In 2017, the two sides reached a Settlement Agreement in which Airofog USA agreed to (1) make specific design changes to its sprayer to make it look less like the B&G “Sprayer”; and (2) mark its sprayer with a “Made in China” label.
According to the Feb., 14, 2019 complaint, which was filed in The United States District Court Middle District of Florida Tampa Division, B&G alleged that Airofog USA “breached the Settlement Agreement in several material ways, including but not limited to (1) using “Made in China” labels that are easily removable without destruction of the label; (2) using wands for the AF Sprayer that are not exactly 7 ½ inches nor exactly 17 ½ inches; and (3) using parts for the AF Sprayer that are interchangeable with parts for the B&G Sprayer, including but not limited to the wands.”
Airofog USA disputes these claims. In a media statement, Airofog USA wrote, “Since settling B&G’s first lawsuit, Airofog has worked hard to make sure that Airofog’s products are distinctive from competitors’ and to abide by its agreement with B&G. Airofog stands by the quality and integrity of all of its products and looks forward to putting B&G’s lawsuit behind it as it continues to focus on providing high quality products and service for its customers.”
PCT will continue to cover these ongoing legal proceedings as they develop.