IP Law Daily, TRADEMARK NEWS: Owens Corning alleges infringement and dilution of PINK marks, (Sep 19, 2022)

By Jonathan Anderson

The suit seeks an unspecified amount of monetary damages, treble damages, and all profits realized from the alleged infringement.

Owens Corning and Owens Corning Intellectual Capital, LLC (collectively, “Owens Corning”) have filed a complaint seeking injunctive and monetary relief against Pink Energy, LLC and Power Home Solar LLC dba Pink Energy. The complaint, filed in the Northern District of Ohio, Western Division, alleges infringement and dilution of Owens Corning’s federally registered PINK color- and word trademarks for insulation and related energy-saving products under the Lanham Act, the Anti-Cybersquatting Protection Act, and Ohio statutory and common law. The suit pursues six causes of action and seeks an unspecified amount of monetary damages, treble damages, and all profits realized from the alleged infringement (Owens Corning v. Power Home Solar LLC, September 13, 2022).

Background. Owens Corning, headquartered in Ohio, has sold insulation colored pink since 1956 to distinguish its product. The company is the owner of registered and common law rights to the PINK word mark and the PINK color trademark in connection with insulation, roofing, and other energy-saving products for homes and buildings, and associated services.

According to the complaint, the defendants were founded in 2014 in North Carolina to sell and install energy-saving solar roofing systems, panels, equipment, and related products to consumers. In late 2021 and early 2022, concerns allegedly arose about the defendants’ products burning, melting, and malfunctioning, and in May 2022, the defendants allegedly rebranded and began doing business as PINK ENERGY, according to the complaint. The defendants also began marketing their business on a website with the domain gopink.com with an identical or highly similar shade of pink as used by Owens Corning.

The complaint also observes that the defendants’ phone number (1-877-4-GO-PINK) is similar to Owens Corning’s number (1-800-GET PINK), and that the defendants’ mark “THINK GREEN. GO PINK” is also similar to Owens Corning’s mark “PINK IS GREEN,” according to the complaint.

Causes of action. The complaint identifies six causes of action: (1) trademark infringement under 15 U.S.C. § 1114; (2) trademark infringement and unfair competition under 15 U.S.C. § 1125(a); (3) federal trademark dilution under 15 U.S.C. § 1125(c); (4) violation of the Anti-Cybersquatting Protection Act related to use of the domain name; (5) deceptive trade practices under the Ohio Deceptive Trade Practices Act, O.R.C. § 4165.02; and (6) unfair competition under Ohio common law.

Relief sought. Owens Corning is seeking a declaration that the defendants’ unauthorized use of the marks infringes Owens Corning’s valid intellectual property rights, is likely to dilute Owens Corning’s famous and distinctive marks, and that the defendants’ conduct was knowing, intentional, and willful. Further, Owens Corning seeks, inter alia, a preliminary and permanent injunction against the defendants from using the marks and an order requiring the defendants to destroy infringing materials and to transfer the infringing domain name to Owens Corning.

The plaintiffs are seeking an unspecified amount of monetary damages, treble damages, all profits realized from the infringement, and costs and attorney fees.

The case is No. 3:22-cv-01628-JRK.

Attorneys: Peter R. Silverman (Shumaker, Loop & Kendrick, LLP) for Owens Corning and Owens Corning Intellectual Capital, LLC.

Companies: Owens Corning and Owens Corning Intellectual Capital, LLC; Pink Energy; Power Home Solar, LLC d/b/a Pink Energy

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