Blain's Farm & Fleet looks to protect its name in lawsuit

By KEVIN MURPHY   Wednesday, Dec. 16, 2009
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— Blain’s Farm & Fleet headquartered in Janesville and Runnings Farm and Fleet of Marshall, Minn., have co-existed in separate markets.

Blain’s is in Wisconsin, Illinois and Iowa. Runnings operates in Minnesota, the Dakotas and Montana.

But now that the retailers compete on the Internet, customers can confuse them, and Running’s use of “Farm and Fleet” infringes on Blain’s federally registered trademark, according to a federal suit filed by Blain’s.

Blain’s—a retailer of farm, automotive, hardware and other merchandise—has used “Farm & Fleet” in its name since incorporating in 1955. In 1962, the company registered “Blain’s Farm & Fleet” as a service mark with Wisconsin and Illinois. It also registered “Blain’s Farm & Fleet” as a trademark with the federal patent office in 2005.

Through the years, Blain’s has spent millions of dollars advertising its services, which also bolsters its claim to the “Farm & Fleet” name, according to the suit.

Runnings has been a supplier of farm and other merchandise since 1947. Runnings, which has 30 stores, began using the name “Runnings Farm and Fleet” within the past 10 years, said Dan Herrmann, Runnings chief operating officer.

Hermann said he received a copy of the Blain’s lawsuit Monday and had no comment except to say that it was being reviewed.

The need for clear name recognition sharpened this fall when Blains began selling merchandise online at farmandfleet.com and blainsfarmandfleet.com, said George Steil Jr., attorney for Blain’s.

“That’s one of the major influences causing this suit to be filed,” Steil said. “It causes confusion among customers and conflicts when two companies using the same name start selling the same merchandise over the Internet.”

Runnings maintains Web sites promoting the brands it sells.

The suit alleges that Blain’s will lose sales because of the name similarity with Runnings and will lose the effect of the millions of dollars it has spent on advertising over the years.

The suit seeks an injunction to block Runnings from using “Farm and Fleet” as a trademark. The suit seeks the destruction of Runnings labels, signs, advertisements or anything that depicts the name “Farm & Fleet” or anything similar.

reader COMMENTS
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(54)
Paul_Lothary
Dec 19, 2009 at 3:46 p.m.
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I used to work at Perry Printing in Waterloo, and we would print the toyland inserts every year and the company would send security to make sure not one insert was leaked and everyone had to sign a non-disclosure agreement. The competition between these 2/3 companies is brutal.

freeradical
Dec 19, 2009 at 11:43 a.m.
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All this is is an out of court settlement for Runnings farm and fleet. Blains has invested too much, they'll throw some cash at em and this will go away.

kawisixer01
Dec 19, 2009 at 10:28 a.m.
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They are a good comapny trying to protect their name. They have continually conrtibuted to the local economoy and philanthropy for years. As for fleet farm I have shopped there as well when I've been up north hunting and found it to be a very similar, but better store. They seemed to have alot better selection and quality products...the stuff farm and fleet used to have. Farm and fleet has definetly trended towards less selections and lower quality things in alot of departments such as tools, hunting gear and electronics. For those of you saying they don't see any farm related products need to open your eyes. Electric fences, fencing material, bearings, pulleys, hydraulic cylinders, plow discs, tines, chisel plow tips, livestock innoculations and medications, cattle prods and tasers, feed, saddles, conveyor belting, electric motors, silo blowers, feeders, watering bowls and troughs, milker sanitizor, chain, belts, and tractor/combine mechanical parts are just some I can think of offhand that I have bought or seen in the store. I don't think alot of you realize that they have a whole catalog of farming supplies that can be picked up on the spot out back or ordered in and be at the store within a day. For generations farm and fleet has tough hundreds of our local kids repsonsibility and job skills through tangible employment as well.

ThatOneFella
Dec 19, 2009 at 7:29 a.m.
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LoL Yada.. I don't know about that Bizzaro Other world thing, but it seems they co-existed for at least ten years. It's that damned internet! It screws up everything!

couchsit
Dec 19, 2009 at 7:13 a.m.
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I suggest Runnings change their name to "Farm 'n Fleet" or "Farmin' Fleet" or "Far Men Fleet" or something similar.

yada
Dec 19, 2009 at 6:09 a.m.
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I did a very quick look on the internet of the Runnings Farm and Fleet and did not see the actual Farm and Fleet name connected to them until I was at the actual website. An idiot can figure the difference out! It also appears that they are a good company like our Janesville store. I think I know what is happening!! Do you suppose we are living a SEINFELD episode of the identical(both farm & fleets) TWO WORLDS - the BIZARRO WORLD episode? I bet the Runnings store also has a restaurant connected with a theater.

ThatOneFella
Dec 19, 2009 at 12:49 a.m.
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You are completely right about being good business in wanting to own your own name, Facebooker09. That is probably what is going to lose them this case... They own their OWN name. Had they simplified it to just the name "Farm and Fleet" the odds would have then been in their favor. The sad thing about the whole ordeal is that nobody could have forseen the internet boom back in the 60's but someone should have thought about it in 2005 when they went with a Federal trademark. With that said, I agree with the posters on here that state what a great store it is. Has everything I need for the most part and they seem to treat their employees well. Heck of a lot better than some corporate big box store.

facebooker09
Dec 19, 2009 at 12:19 a.m.
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Well as far as the law is concerned Its Blaine's since they registered it.
Bottom line is, its good business to want to own your own name.

yada
Dec 18, 2009 at 5:18 a.m.
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Bottom line is - it's all about money. Some say that money is the root of all evil. As far as I am concerned - whoever had the name in use first in the U.S. is the true owner of the Farm and Fleet name.

Sandman
Dec 17, 2009 at 6:01 p.m.
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And here I always thought that "Farm & Fleet" was started by Mr. Farm and Mr. Fleet! Whew-doggy, was I wrong!

Janesburg
Dec 17, 2009 at 5:18 p.m.
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MetroMilton, this story is not about what you think the store should be named based on what they offer. It's about Farm and Fleet protecting the brand they have worked for decades to build. If Farm and Fleet wanted a name that reflected their sales it would be 'Candy and Oil Changes.' It's all about protecting the image and brand that we know as F&F.

gwendt
Dec 17, 2009 at 4:57 p.m.
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???? i thought the article was about Running's Farm and Fleet & Blain's Farm & Fleet ????
NO WHERE - i repeat NO WHERE did it mention Fleet Farm in the article. what are you guys smoking, arguing about Fleet Farm? READ please !!! or go back to school !!!!!

metalman
Dec 17, 2009 at 3:49 p.m.
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More Lawyers gonna make out big.......

jvldss
Dec 17, 2009 at 3:15 p.m.
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Good luck to Blain's Farm and Fleet...a great part of the Janesville community for 55 years. They aren't laying off local workers, closing their doors or pulling up stakes to move somewhere else with greener pastures and bigger tax incentives. They are good for Janesville. I agree with Dukes - buy local. Support the companies that support Janesville.

j01603456
Dec 17, 2009 at 2:14 p.m.
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I loved going to Farm and Fleet with my dad in the 60’s. While he was looking for what he needed, I sat on the saddles and dreamed about being a cowgirl when I grew up. I was also enamored by the salt licks. I’m now 54 and still like to go there with my husband. Sorry to say the cowgirl dream never came to fruition.

facebooker09
Dec 17, 2009 at 1:50 p.m.
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Oh ok I got it now. Since they didnt have the 4 or 5 things you wanted then they have nothing. Duh! How could I have not seen that....

couchsit
Dec 17, 2009 at 12:41 p.m.
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I just noticed Blain's isn't on the list (I am pretty sure it used to be). Maybe they had to leave the co-op so they could sell online (and now sue). Pure speculation on my part.

couchsit
Dec 17, 2009 at 12:31 p.m.
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The farm and fleet/ fleet farm type stores all buy from the same distributor. That's why they all have the same stuff.
http://www.mid-states-dist.com/store_loc...

SwissChick
Dec 17, 2009 at 12:28 p.m.
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displacedworker - Burger King did it with "burger" and "king".

chelleandlou
Dec 17, 2009 at 11:38 a.m.
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Many times I'd rather go to Farm and Fleet than anywhere else in town. I used to hate going to there as a kid, but that was when it was pretty much FARM and tools. I worked at Blains and my mother works at the store. And I'm proud to say that.

Farm and Fleet was started by Bert and Claude Blain, no feud ensued between them. Fleet Farm is similar to Farm and Fleet, owned by Mills who are friends with Blains. They have a no compete contract. Fleet Farm is not related to Farm and Fleet.

Fleet Farm wouldn't be violating any patents due to it being a different name Fleet Farm is DIFFERENT than Farm & Fleet.

Most people refer to Blains as just Farm and Fleet, as that is what it was called before they incorporated Blain's into the name.

Blain's aren't being greedy by protecting their company name. Blain's isn't a franchise like Ace Hardware.

The issue is what is on the internet and internet sales. Blain's is being confused with the other place; therefore in the best interest of Blain's Farm & Fleet the suit has been filed to protect the company, it's employees, and it's name.

Some of the stupid comments people are posting aren't even worth commenting on.

facebooker09
Dec 17, 2009 at 11:28 a.m.
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are any of you reading the story?? " It also registered “Blain’s Farm & Fleet” as a trademark with the federal patent office in 2005." Do you all know wha trademark means?
Yeah if someone some where registered _____'s bar and grill it may be a problem.
Come one....

12dreams
Dec 17, 2009 at 11:24 a.m.
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This could spell trouble for the half a million restaurants in the US called "_______'s Bar & Grill".

SwissChick
Dec 17, 2009 at 10:03 a.m.
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I cringe when I go in there and my checkbook tries to hide on me. There's so much stuff they have that I need. All the way from tires and oil for my car to clothes and kitchen things.

enutpenfry
Dec 17, 2009 at 9:58 a.m.
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As a person who grew up one block away from Fleet Farm, I do find such controversy to be amusing. Mills Fleet Farm and Blain's Farm & Fleet carry many of the same items, and they both do "Toyland" the same way. While it may be blasphemous to say so in Janesville, I do not believe either store is "better" than the other. Both do their duty as the Man's Mall.

facebooker09
Dec 17, 2009 at 9:42 a.m.
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What store at you all going to and saying they have no farm stuff?? I was just there the other day and they had PLENTY! It is almost a one stop shop! I got my farm stuff, bathroom cleaner, toys for the kids and clothes for me.

MikeF
Dec 17, 2009 at 7:57 a.m.
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Farm & Fleet. If they ain't got it, you don't need it!

PBRMan
Dec 17, 2009 at 5:03 a.m.
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Farm & Fleet by far my favorite place to go. It is not uncommon for 3 generations of my family to go there to "just look around" together. The smell there reminds me of what it smelled like at my last job...

dukes
Dec 17, 2009 at 1:02 a.m.
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For anyone that thinks Farm & Fleet does not carry farming goods, you need to check out the rest of the store! There are many local folks that head to F&F to get parts for their farm and supporting equipment that you can't find anywhere else. I don't own or work on a farm, but I still go there to get towing/rigging hardware you can't find anywhere else in town for the same price. Buy local!

Truth
Dec 17, 2009 at 1 a.m.
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Doesn't sell farm stuff?
I better take the clevis and parts for the cultivator we bought back, seeing as how it has nothing to do with a farm.

Long live the Farm & Barn!

metromilton
Dec 16, 2009 at 10:15 p.m.
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Farm & Fleet printed a great company history book in 2005 that tells of their story and (briefly) how the Mills Fleet-Farm came to be. It even covers the creation of "Toy Land" in 1966.

I think that Farm & Fleet should change thier name to be more representative of what they are/have transformed into.......Fleet & Whatever.

The farm in F&F died about 20 years ago. Selling dog, food horse tack and a couple SMV's won't make the grade. NONE of thier TV ads EVER show/mention directly related farm items.

I like the store and what it is. Clean and neat with good prices. They just need to update the name....

transplantedjville
Dec 16, 2009 at 9:42 p.m.
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After being affiliated with Blain's Farm & Fleet for over 15 years, I can verify that this is not a company that developed because of a family of fallen brothers. The FINAL story - - - Blain's and Mill's are not related at all - - - two separate families and, just for the record, Blain's was the original!!! Please remember that Blain's has worked extremely hard to protect their name and, even more importantly, their employees! In these uncertain times, no lay-offs equal happy employees. PLEASE, shop local! Thank you and Merry Christmas!

frusion
Dec 16, 2009 at 9:37 p.m.
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....and it's late Napalm. Take some NyQuil and call it a day! ; )

in_my_opinion
Dec 16, 2009 at 9:37 p.m.
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k_atie_e: Have no fear, your ignorance is clear for all to see. Yet again, a simple statement is used for your attack. Actually, a name does not have to be identical to be in violation.
MacDaddy: Thank you for clearing that up for me. I appreciate it.

janesvillean
Dec 16, 2009 at 8:33 p.m.
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Trademark law is complicated, and you have to actively defend a mark or you can lose it. That leads to a lot of what seem like stupid cease & desist orders. I would be interested in the outcome of this in court as a long time ago this was a common enough store name. Just a few years ago a third chain, Quality Farm and Fleet, went bankrupt.
.
My bet is that this leads to a settlement of some kind between the parties.

facebooker09
Dec 16, 2009 at 8:12 p.m.
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Also the fact that Blaine's is one of the only businesses I know of that has little to no debt - that means good business stills no greed.

facebooker09
Dec 16, 2009 at 8:07 p.m.
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two brothers - no. two people who went to college together and had the same business - yes.

How is it wrong for them to want their own name? Its the name they have gone by for many years and now when people want to order on line they may not go to the right place.

1919eternal
Dec 16, 2009 at 7:30 p.m.
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Mills is more than just Fleet Farm. They have car dealerships as well in Brainerd, MN. Same family.

momof5
Dec 16, 2009 at 6:51 p.m.
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It'd be like me opening a discount retail store and calling it "Momof5's Wal-Mart." I don't see this as greed. I see that as good use of common and business sense. How is Blain's being greedy? They, atleast according to this article, are not asking for monetary compensation. Just a cease and desist injunction in re: to a name! (And 20 years ago, this would be no big deal. But, in the age of e-commerce, it is a HUGE deal!!!!)

This is why Big Mike's Super Subs is now known as Milio's.... In this market all was good. But, in other markets (where Big Mike wanted to expand his business model), there was already a tm'd Big Mike's.

jvillerdr
Dec 16, 2009 at 6:27 p.m.
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Woody, the trademark laws don't protect common words like "hardware" in marks.

woody
Dec 16, 2009 at 6:21 p.m.
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Yeah, that's like if Ace would do the same thing, no one could use "hardware" in their name.

k_atie_e
Dec 16, 2009 at 6:17 p.m.
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in-my-opinion,
OH just another person that believes a tall tale. I love to laugh at the ones that believe the "2 brothers story" and why would Fleet Farm be violating the terms...they have a different names; Farm and Fleet and Fleet Farm. Yes its the same name but its flip flopped. These companys in the law suit are identical names with a prename of founders last name.

frogger
Dec 16, 2009 at 5:29 p.m.
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Somebody better sue The Armory. You stole that name too.

frogger
Dec 16, 2009 at 5:28 p.m.
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My opinion is they are TWO different names plain and simple. If "Blaine's kept it as farm and fleet and the other place kept it as farm and fleet then there would be a problem. So do you want them to just drop the Runnings part? Seems they're just being greedy to me. They're not even in the same state.
Guess they need to sue "Mills" too?!

I guess all the owners of Ace better get suing too huh?

Macdaddy
Dec 16, 2009 at 5:09 p.m.
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they are the Mills Brothers and up north in Wisconsin you will find Mills Fleet Farm stores. I used to live in Green Bay and that was what we had. Same exact store.

in_my_opinion
Dec 16, 2009 at 5:06 p.m.
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Well, I guess that everything I have ever heard was false. I was always told that Farm & Fleet was started by two brothers who eventually had a falling out. The brothers parted ways and one kept the Farm & Fleet name and the other changed his to Fleet & Farm.
So, is this article actually saying that there are two separate businesses named Farm & Fleet and a third named Fleet & Farm? Since I've seen the Fleet & Farm with my own eyes, wouldn't that company also be violating the patents? Someone please explain this to me please.

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