Judge’s Ruling Favors B&G in Dispute with Genesis W.E.

B&G Equipment Co. President & CEO Cecil Patterson

RENO, Nev. – On April 18, a federal judge in Reno, Nev., dismissed with prejudice a lawsuit brought forth by Genesis W.E. Chairman & CEO Scott Plischke against B&G Equipment Co. The judge’s decision settles an ongoing dispute between the companies over the MicroFoam fly control product.

According to the court proceedings, the case was dismissed after Plischke “failed to appear as directed to show cause why this case should not be dismissed for failing to comply with the orders of the court.” The judge also “vacated” a July 30, 2004, federal court preliminary injunction, which prevented B&G Equipment Company Co., and its distributors from selling MicroFoam or any similar product, worldwide for a period of five years.

The dispute stems from a December of 2001 agreement in which B&G was to act as master distributor within the United States of Genesis’ MicroFoam fly control product. The relationship soon deteriorated and came to a head in June of 2004, when Genesis W.E. filed suit against B&G in federal court for trademark infringement and breach of covenant not to compete. Following the July 30th court ruling, Plischke issued a statement that his company was looking forward to getting “back to manufacturing and marketing MicroFoam, our premier fly control product, without interference.”

PCT attempted to contact Plischke following the most recent federal court ruling, but he was unavailable for comment.

B&G Equipment Co. President & CEO Cecil Patterson issued the following statement: “From the beginning, we have maintained that, the entire suit was brought against B&G in an effort to force B&G into some sort of financial settlement. This dismissal, by the Federal Judge, with Prejudice, only reaffirms our position and beliefs.”

Patterson added that now that the lawsuit is behind B&G, the company plans to re-enter the microbial market with the introduction of the MicroFoam Professional. This product was originally marketed under the name MicroFoam II, a reformulated version of B&G’s original MicroFoam.