Dancing tractors promenade into trademark dispute
By Tim Gallagher Journal staff writer | Posted: Tuesday, March 29, 2005
The Farmall Promenade square dancing tractors from Nemaha, Iowa, are shown performing at the Woodbury County Fair in the summer of 2000. The group returns to the fair in Moville, Iowa, this summer. (File photo)
A leader with Siouxland's famous square-dancing tractor unit says the group has done a do-si-do into a trademark dispute.
Neal Johnson, a farmer from Nemaha, Iowa, reported Monday that Case New Holland has filed a petition with the U.S. Patent and Trademark Office to cancel the Farmall Promenade trademark.
Johnson is one of 11 Nemaha-area residents who take their square-dancing tractors called the Farmall Promenade on the road each summer to perform. They've been at it since 1998.
According to a statement provided by Johnson, Case New Holland currently owns a trademark registration for toy tractors under the Farmall name.
Nemaha's Farmall Promenade, Johnson says, was granted a trademark for that name (Nemaha Promenade) in 2001. The process, he adds, took considerable time and money.
"It cost several thousand dollars," says Johnson, who notes that his group receives a performance fee and mileage expense for each show.
"We try to make money," Johnson says. "They (dancing tractors) are somewhat a labor of love, but, yes, we do try to make money."
Each time the group travels, it charters a bus to transport the tractor drivers and their families. Two semis haul four Farmall C and four Farmall H tractors used in the performance. Another truck hauls audio and production equipment.
What's the issue?
"We don't really understand what the issue is here," says Johnson. In a statement, the Nemaha group contends this: "In the case, CNH (Case New Holland) claims they have been and will continue to be damaged by registration of the Farmall Promenade trademark. CNH also claims that continued use of the Farmall Promenade mark is without CNH's consent or permission and will dilute the distinctiveness of the Farmall trademark."
Case New Holland, according to the company's Web site, reported net income of $125 million in 2004.
Rich Nelson, senior director of external communications with CNH, says it is not CNH's intention to shut down the Farmall Promenade or keep the tractors from square dancing. Rather, Nelson says CNH is protecting its Farmall name on apparel only.
"We're in an administrative proceeding with the U.S. Patent and Trademark Office regarding the use of the name Farmall in conjunction with apparel," Nelson says. "Even if we are successful in that proceeding, this will not have any effect on Farmall Promenade in using that name with the events they put on or the videotapes they sell. Where we are in discussion with them is in regard to the use of Farmall in conjunction with apparel."
The name Farmall, Nelson says, was a trademark of International Harvester, a predecessor of CNH.
"We do own the Farmall name and obviously do have to protect it in all relevant categories," he says.
CNH, Nelson reports, filed a brief with the U.S. Patent and Trademark Office. He understands that the group from Nemaha is contesting the action. The matter, says Nelson, will be adjudicated by the U.S. Patent and Trademark Office.
How the Promenade started
At some point in the 1950s, the Clay County Fair in Spencer, Iowa, held a show featuring four square dancing tractors. Farmer Bill Smith, then of Nemaha reportedly watched the show and concluded that eight is the square dancing number, not four. So Smith put together an eight-tractor unit to perform near the Sac County community.
The group was resurrected in 1998 by Johnson and others who wanted to celebrate Nemaha's 1999 Centennial in a unique manner.
"This year we'll have 22 performances in five states," says Johnson. One of those shows is this summer at the Woodbury County Fair in Moville, Iowa.
Beyond the dancing, the Farmall Promenade showcases a slice of Iowa life while putting Nemaha, population 102, on the map. Group members talk up agriculture and promote ethanol, which they use in all their tractors. The performing unit has been featured on "The NBC Today Show," "CBS Sunday Morning News with Charles Osgood" and in dozens of newspapers throughout the world, including USA Today.
"It's been great fun," Johnson says. "The whole thing has afforded us the opportunity to experience a lot of things we wouldn't have otherwise."
The cost of litigation, Johnson adds, could become expensive. But his group intends to fight CNH. Unlike Nelson, Johnson believes his group's trademark allows it to sell things like T-shirts, caps and sweatshirts bearing the name Farmall Promenade.
Says Johnson, "We're fighting it because we don't think we've done anything wrong."
Neal Johnson, a farmer from Nemaha, Iowa, reported Monday that Case New Holland has filed a petition with the U.S. Patent and Trademark Office to cancel the Farmall Promenade trademark.
Johnson is one of 11 Nemaha-area residents who take their square-dancing tractors called the Farmall Promenade on the road each summer to perform. They've been at it since 1998.
According to a statement provided by Johnson, Case New Holland currently owns a trademark registration for toy tractors under the Farmall name.
Nemaha's Farmall Promenade, Johnson says, was granted a trademark for that name (Nemaha Promenade) in 2001. The process, he adds, took considerable time and money.
"It cost several thousand dollars," says Johnson, who notes that his group receives a performance fee and mileage expense for each show.
"We try to make money," Johnson says. "They (dancing tractors) are somewhat a labor of love, but, yes, we do try to make money."
Each time the group travels, it charters a bus to transport the tractor drivers and their families. Two semis haul four Farmall C and four Farmall H tractors used in the performance. Another truck hauls audio and production equipment.
What's the issue?
"We don't really understand what the issue is here," says Johnson. In a statement, the Nemaha group contends this: "In the case, CNH (Case New Holland) claims they have been and will continue to be damaged by registration of the Farmall Promenade trademark. CNH also claims that continued use of the Farmall Promenade mark is without CNH's consent or permission and will dilute the distinctiveness of the Farmall trademark."
Case New Holland, according to the company's Web site, reported net income of $125 million in 2004.
Rich Nelson, senior director of external communications with CNH, says it is not CNH's intention to shut down the Farmall Promenade or keep the tractors from square dancing. Rather, Nelson says CNH is protecting its Farmall name on apparel only.
"We're in an administrative proceeding with the U.S. Patent and Trademark Office regarding the use of the name Farmall in conjunction with apparel," Nelson says. "Even if we are successful in that proceeding, this will not have any effect on Farmall Promenade in using that name with the events they put on or the videotapes they sell. Where we are in discussion with them is in regard to the use of Farmall in conjunction with apparel."
The name Farmall, Nelson says, was a trademark of International Harvester, a predecessor of CNH.
"We do own the Farmall name and obviously do have to protect it in all relevant categories," he says.
CNH, Nelson reports, filed a brief with the U.S. Patent and Trademark Office. He understands that the group from Nemaha is contesting the action. The matter, says Nelson, will be adjudicated by the U.S. Patent and Trademark Office.
How the Promenade started
At some point in the 1950s, the Clay County Fair in Spencer, Iowa, held a show featuring four square dancing tractors. Farmer Bill Smith, then of Nemaha reportedly watched the show and concluded that eight is the square dancing number, not four. So Smith put together an eight-tractor unit to perform near the Sac County community.
The group was resurrected in 1998 by Johnson and others who wanted to celebrate Nemaha's 1999 Centennial in a unique manner.
"This year we'll have 22 performances in five states," says Johnson. One of those shows is this summer at the Woodbury County Fair in Moville, Iowa.
Beyond the dancing, the Farmall Promenade showcases a slice of Iowa life while putting Nemaha, population 102, on the map. Group members talk up agriculture and promote ethanol, which they use in all their tractors. The performing unit has been featured on "The NBC Today Show," "CBS Sunday Morning News with Charles Osgood" and in dozens of newspapers throughout the world, including USA Today.
"It's been great fun," Johnson says. "The whole thing has afforded us the opportunity to experience a lot of things we wouldn't have otherwise."
The cost of litigation, Johnson adds, could become expensive. But his group intends to fight CNH. Unlike Nelson, Johnson believes his group's trademark allows it to sell things like T-shirts, caps and sweatshirts bearing the name Farmall Promenade.
Says Johnson, "We're fighting it because we don't think we've done anything wrong."
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