Farm Journal answers Blue Book Services in Federal Court

Farm Journal answers Blue Book Services in Federal Court

Lenexa, Kan. (Dec. 19, 2018) — Farm Journal yesterday responded to a complaint by Blue Book Services in U.S. District Court, where Blue Book has claimed companies cannot include their Blue Book ratings in their individual Produce Market Guide profile.

Farm Journal’s “motion to dismiss” seeks to have Blue Book’s claim dismissed outright – and states its position to the court that Blue Book’s lawsuit is without merit. 

The Packer’s Produce Market Guide, a Farm Journal business, is an open platform that allows companies to create and self-publish their own comprehensive business listing. Empowering companies to tell their own story, the platform facilitates connectivity between buyers, sellers and other business professionals in the produce industry.

Farm Journal’s response to the Blue Book lawsuit opens with an account of Farm Journal’s long-standing history as an ardent advocate and resource for agriculture.

At the core of Farm Journal’s argument is that Blue Book “ … does not own any copyright registration for the individual ratings … ” and that “individual company ratings are not eligible for copyright protection.” Instead, Blue Book’s copyright registrations are for its database of company listings.

Blue Book’s complaint does not allege Farm Journal copied Blue Book’s database. Rather, it alleges Farm Journal has provided a place for, and encouraged, its customers to input their own individual Blue Book ratings on the Produce Market Guide platform.

“We noted to the court that Blue Book’s own customers, who are also our customers, routinely post their own Blue Book ratings on their websites and in advertisements,” said Jeff Pence, Chief Operating Officer for Farm Journal. “We believe that same practice should be available to our customers on the Produce Market Guide platform.”

The “motion to dismiss” cites multiple copyright cases supporting Farm Journal’s position, plus evidence the Copyright Office rejected Blue Book’s attempts to secure copyright protection for individual ratings.  

The Packer is a recognized leader in produce news. Under The Packer brand, the Produce Market Guide platform has steadily grown since its launch in October 2017.

About Farm Journal Media 
Farm Journal Media is the nation’s leading business information and media company serving the agricultural market. Started 141 years ago with the preeminent Farm Journal magazine, the company serves the row crop, livestock, produce and retail sectors through branded websites, eNewsletters and phone apps; business magazines; live events including conferences, seminars and tradeshows; nationally broadcasted television and radio programs; a robust mobile text marketing business; and an array of data-driven paid information products. Farm Journal Media also is the majority shareholder of the online equipment marketplace, Machinery Pete LLC. In 2010, the Company established the non-profit, public charity Farm Journal Foundation dedicated to sustaining agriculture’s ability to meet the vital needs of a growing population through education and empowerment.

 

Latest News

Industry alliance: European packaging rules raise trade and food safety concerns
Industry alliance: European packaging rules raise trade and food safety concerns

New packaging rules adopted by the European Parliament raise serious trade and food safety concerns, says the Alliance for Sustainable Packaging for Foods.

Consumers, retailers drive growth of new grape varieties
Consumers, retailers drive growth of new grape varieties

The world of table grapes has expanded exponentially from traditional red and green varieties to today’s plethora of cultivars with appearance, flavor and size characteristics.

CPMA president touts industry resiliency, global solutions to challenges
CPMA president touts industry resiliency, global solutions to challenges

In his State of the Fresh Produce Industry address, Ron Lemaire talked about the current political climate, the need for global sustainability goals and the need to focus on the consumer.

ShopRite and supermarkets to hold walk-up job fairs
ShopRite and supermarkets to hold walk-up job fairs

Wakefern Food Corp.'s supermarket banners, including ShopRite, Price Rite Marketplace, The Fresh Grocer, Gourmet Garage and Fairway Market, are hosting hiring fairs on April 27 across several states.

Mushroom Council applauds WIC enhancements, offers recipe tips
Mushroom Council applauds WIC enhancements, offers recipe tips

The Mushroom Council is highlighting multiple ways families can incorporate fresh mushrooms and other WIC foods into daily meal plans.

Harris Teeter and Consalo Family Farms donate 48,000 pounds of mandarins
Harris Teeter and Consalo Family Farms donate 48,000 pounds of mandarins

More than 16,000 bags of Little Smoochies mandarins were donated through the "Mandarins Making a Difference" campaign, aiding local hunger relief efforts.