The groundhog may have seen is shadow in Pennsylvania earlier this week, but chemical and paint company PPG did not crawl back into its litigation burrow, instead filing suit against competitor Sherwin-Williams for SW’s use of COLOR OF INSPIRATION on a new SW website that allows custom color matching.
The Complaint (here, pdf) and attachments (a, b-1, b-2, c, d, and e, pdf) allege that PPG has been using the mark COLORS OF INSPIRATION in conjunction with a “color selection system” (i.e. paint chip displays and books), and Sherwin-Williams has subsequently begun to use THE COLOR OF INSPIRATION in connection with a [pretty darn cool–ed.] website where consumers can match a Sherwin-Williams paint color with an “inspiration” from nature or another source, from a photograph.
PPG has sued for unfair competition under the Lanham Act, cybersquatting protection under the ACPA, and unfair business practices and trademark infringement under Pennsylvania law.
These are two very large chemical companies, and this could be an interesting, although probably not pioneering, lawsuit. If PPG has trademark rights to COLORS OF INSPIRATION, it will be hard for SW to be victorious. (However, proving SW’s “bad faith intent to profit” from the registration of the colorofinspiration.com domain name as required by the ACPA.)
What really surprises me is that this looks like a dispute that could be settled before the initiation of a lawsuit, unless SW really believes that PPG doesn’t have legitimate rights to their mark. It’s also interesting to see, in these times of economic peril for so many American companies, whether they’re willing to spend $1 million or more to fully litigate trademark lawsuit on a secondary trademark that may or may not be a large part of their portfolio or brand strategy going forward.
(Hat tip to the Pittsburgh Business Times, reporting on the lawsuit.)