Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
Go to Lawjobs