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Fiber-Shield Indus. Inc. v. FabricShield Holdings LLC

Infringement, Unfair Competition Claims Survive in Suit Over Fabric Protectants' Marks

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MEMORANDUM AND ORDER Plaintiffs Fiber-Shield Industries Inc. and Lavame LLC bring this action against defendants FabricShield Holdings, LLC and The FabricShield LLC alleging trademark infringement and related claims under state and federal law. Defendants have moved to dismiss or transfer the case based on forum non conveniens or, in the alternative, to dismiss plaintiffs’ claims under Federal Rules of Civil Procedure 12(b)(6). For the reasons stated below, plaintiffs’ trademark dilution claim is dismissed, and defendants’ motion is otherwise denied. BACKGROUND The following facts are taken from the Amended Complaint (Dkt. #37) and are assumed true for purposes of this order. Since 1981, plaintiffs have manufactured, developed, marketed, and sold “Fiber-Shield chemicals and treatments.” Am. Compl.

9, 11 (capitalization altered). These products provide “water-resistant, dirt-resistant, stain-resistant, and oil resistant” protection for “fabric, carpet, leather, suede, wood, concrete, masonry materials, automotive painted surfaces, glass, and fiberglass.” Ibid. In 1987, plaintiffs obtained from the United States Patent and Trademark Office a word mark for “FIBER-SHIELD,” which has since become “incontestable.” Id. at

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