Tuff-Wall Inc. filed its complaint in U.S. District Court in Hattiesburg on May 15. Sherwin-Williams has until June 3 to file a response.
According to court records, the Hattiesburg company argues that Sherwin-Williams knew the business was already using the name “Tuff-Wall” to market its ceramic wall coating when Sherwin-Williams began marketing a “TuffWall” line of paint.
The complaint argues that Tuff-Wall has marketed its paint substitute since 2007, being sold in Lowe’s home improvement stores and through other distributors since 2008.
The Hattiesburg American reports the lawsuit said Sherwin-Williams applied for registration of the trademark “TuffWall” in February 2010.
The lawsuit asks for a cancellation of the trademark registration and seeks unspecified damages.