#12 - Landucci Twinhomes Preliminary Plat and PUD

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Mr. Nathan Landucci February 26, 2023 Twinhomes residential project." (February 2, 2023 letter from Landucci to City of Lake Elmo Planning Commission.) Wildflower's concerns arise, of course, from the fact that the Property immediately adjoins the WILDFLOWER AT LAKE ELMO development. As you may know, the federal Lanham Act and various other state and federal trademark and unfair competition statutes , including Minn. Stat. §333.28, prohibit all use of any trademark that would cause confusion or mistake with another party’s trademark or that would wrongfully imply an affiliation with the trademark’s owner. Specifically, Minn. Stat. §333.28 provides that: any person who shall use without the consent of the registrant any mark on or in connection with rendering of services, selling, offering for sale, or advertising of any goods or services, which mark is identical to or so similar to the registered mark as to be likely to cause confusion or mistake on the part of a purchaser of the goods or services or to deceive such a purchaser as to the source or origin of the goods or services …shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in §333.29. Those remedies include injunctive relief and "either or both of the following: (1) all profits derived from the wrongful manufacture, use, display, or sale; or (2) all damages suffered by reason of the wrongful manufacture, use, display, or sale." Minn. Stat. §333.29. Wildflower Twinhomes' and Landucci's use of the trademark WILDFLOWER TWINHOMES, or any other trademark consisting of or containing the word WILDFLOWER, on a single-family twinhomes development immediately adjacent to the WILDFLOWER AT LAKE ELMO development will lead consumers to believe that your development is part of the WILDFLOWER AT LAKE ELMO development or that Wildflower has endorsed, sponsored or is otherwise affiliated with you and your activities, and will cast doubt as to the ownership of the valuable WILDFLOWER AT LAKE ELMO trademark. Thus, Wildflower respectfully insists that you, along with any partners, affiliates and related entities, immediately cease and desist from all further unauthorized use of the trademark WILDFLOWER TWINHOMES, or any other trademark consisting of or containing the word WILDFLOWER, on or in connection with any residential development project in or around Lake Elmo, Minnesota. Wildflower also demands that, for the avoidance of confusion amongst government officials, building-supplies vendors, building contractors, and potential tenants or homebuyers, Wildflower Twinhomes, LLC immediately change its trade name to remove all use of the word "Wildflower" or any similar term from such name.