Two local flooring giants, Mohawk Industries and Beaulieu Group of America, are battling in federal court over allegations of copyright infringement.
Beaulieu claims in court documents that its Bliss by Beaulieu Everclean and Everclean names are being ripped off by its competitor, Mohawk. Mohawk has filed for a trademark for use of the name Smartstrand Foreverclean for a line of its carpets, and has been using the Foreverclean badge to market its products.
Beaulieau filed suit in federal civil court to halt Mohawk’s use of the Foreverclean name, saying it’s too similar to the Bliss by Beaulieu Everclean and Everclean names.
Beaulieu says it has been using the name Everclean since 2012.
Both Beaulieu’s Everclean and Mohawk’s Foreverclean carpet lines feature stain-fighting technologies and target pet owners in advertising.
Calhoun, Ga.-based Mohawk Industries is the largest flooring manufacturer in the world.In court documents, Beaulieu representatives say the similarities are too many to be coincidence, and that Mohawk’s Foreverclean line “mimics wholesale the distinctive component of the Everclean marks, namely the phrase ‘Everclean,’ and merely adds the prefix ‘For’ and includes a space.'”
And it’s not the first time Beaulieu has accused Mohawk of copying its product names.
Last July, the company filed suit against Mohawk for copyright infringement over the use of the phrase Healthy Home for a line of its carpets.
Beaulieu claims it had been using the “well-established” names Healthy Home and Bliss by Beaulieu Healthy Home prior to Mohawk, and that Mohawk has engaged in “a pattern of mimicking the trademarks Beaulieu uses in connection with its established and successful product lines.”
Beaulieu filed suit in federal civil court last July over the Healty Home naming issue.
“Mohawk’s actions are likely to cause confusion, mistake or deception as to the source of origin of the carpets,” Atlanta attorney Peter Farley, who represents Beaulieu, said in a 15-page lawsuit filed against Mohawk.
Beaulieu is suing Mohawk for copyright infringement, false designation of origin and unfair competition.
Neither Beaulieu nor Mohawk officials responded to requests for comment on Thursday.
Contact staff writer Alex Green at agreen@timesfreepress.com or 423-757-6480.