Shaw Industries Group, the Dalton-based carpet and flooring producer, is suing a competitor for trademark infringement and deceptive trade practices over the use of the word ‘epic’.
In a lawsuit filed recently in federal court in Atlanta, Shaw claims Carlisle Wide Plank Floors refuses to drop the word “epic” from its marketing, a “mark” that Shaw said it has had exclusive rights to use since 2006.
Carlisle, based in Stoddard, NH., calls itself “the epic wide plank floor company.” In marketing material, the company says it produces the widest, longest center-cut plank floors available in the world and that its product is “truly epic.”
Carlisle could not be reached for comment. Shaw said it would have no comment on the complaint.
Shaw is seeking unspecified damages and any profits Carlisle has gained during the period of the infringement.
Shaw said it licenses the use of “EPIC”, which the manufacturer uses as a reference for “engineered wood flooring”, from Omaha-based Columbia Insurance Co., which owns the mark. Both companies are subsidiaries of billionaire Warren Buffet’s Berkshire Hathaway investment firm.
Shaw says it has been using EPIC in reference to its flooring products since early 2006. It was not immediately known how long Carlisle has been using the reference.
Shaw said it has made a “significant investment” in advertising and product promotions using the EPIC reference and has acquired valuable goodwill as a result. The suit, however, does not contain any dollar figures.
In addition to trademark infringement, Shaw said its rival’s use of the term confuses potential customers. The company said it demanded in June that Carlisle stop using the reference.
Shaw, the world’s largest carpet manufacturer, has more than $4.5 billion in annual sales and 23,000 employees. Earlier this year the company announced it was exiting the area rug business and converting a Ringgold rug plant to produce upscale luxury vinyl tile.
About the Author
