Paint company suing Sherwin-Williams over product name

by Associated Press

Published: May 28,2013

Tags: bench, brand name, branding, court, judicial, judiciary, justice, law, lawsuit, paint, painter, painting, product, sue

Paint_can_with_brushHATTIESBURG — A local company has sued Sherwin-Williams for allegedly highjacking the name of its product.

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.

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