FARGO — A Fargo farm services company that created a phone app to help farmers manage crop records claims a Canadian business with its own app is committing trademark infringement.

Bushel filed its trademark lawsuit Oct. 21 in the U.S. District Court for North Dakota against Bushel Plus, an agricultural products and services company in Brandon, Manitoba, about 130 miles west of Winnipeg. The suit is asking a judge to force Bushel Plus to change its name and pay damages for alleged trademark infringement.

Contribution / US District Court of North Dakota

“On information and belief, Defendants’ (Bushel Plus’) marketing and commerce channels are virtually identical to those used by Plaintiff (Bushel),” the lawsuit states.

The lawsuit focuses on the names and apps created by the two companies. Bushel claims it has been offering agricultural products and services since 2017. Its name was trademarked in 2018, according to a civil complaint filed in the lawsuit.

One of the services offered by Bushel is a mobile application called Bushel Farm so that farmers can more efficiently track their crops, operational and financial records. The app is also used by grain elevators, according to the lawsuit.

“Since its inception, Bushel has expended significant time, effort and money to advertise and promote its Bushel-branded goods and services and has generated significant sales and revenue from its Bushel-branded goods and services,” the suit says.

Bushel Plus also has an app that Bushel claims is used to “analyze, track and report certain data related to agricultural crops and harvesting operations.” Bushel Plus’ app is called Smartdrop and is used to calculate crop losses, according to its website.

Bushel Plus began using its name in 2017 and does business in North Dakota, the lawsuit states. It trademarked its name and logo in 2019, the complaint states.

Bushel argued in the complaint that Bushel Plus services overlap with Bushel.

“Defendant’s use in commerce of the infringing mark is intended and has created a situation where confusion is not only probable but inevitable,” the complaint says. “Both Plaintiff and Defendant have, over time, come to use nearly identical trade marks and company names in connection with identical or closely related services to the same customers, using the same marketing channels, in the same geographic areas.”

The use of the name Bushel caused confusion, the lawsuit states. A Bushel co-founder had a meeting with a grain company in 2023, but the lawsuit said the meeting was for Bushel Plus.

In another example, Agweek called Bushel in September 2023 to inquire about the company participating in the Big Iron Farm Show in West Fargo, according to the complaint.

“Bushel had to explain that Bushel Plus attended the show,” the lawsuit said.

Bushel Plus did not return a message from The Forum seeking comment on this story. Bushel declined to comment on the lawsuit.