Southland Sod Farms v. Stover Seed Co.

Plaintiffs and Defendants are competing producers of turfgrass seed and sod. After Defendants ran advertisements claiming that their turfgrass was better than Plaintiffs’ in certain key characteristics, Plaintiffs brought this lawsuit alleging false advertising under the Lanham Act and related state laws. The district court granted Defendants’ motion for summary judgment, ruling that Plaintiffs had failed to raise a triable issue of fact on the key issues of falsity, causation, and damages. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse in part the district court’s judgment.

FACTS AND PROCEEDINGS BELOW

I. The Parties and the Turfgrass Business

The parties to this dispute are competing producers of turfgrass seed and sod. Each of the parties produces and sells a “dwarf tall fescue” turfgrass under a separate brand name: Plaintiff-Appellant Southland Sod Farms produces and sells “Marathon He”; Plaintiff-Appellant Pickseed West, Inc. produces and sells “Shortstop”; and Defendants-Appellees Turf Merchants, Inc., The Genesis Group, TMI Acquisition, Inc., KWS Seeds, Inc., and Frederick B. Ledeboer produce and sell “Bonsai.”

II. The Allegedly Offending…