A federal court is being asked to force Mohawk Carpet Distribution Inc. to drop a marketing reference that fellow Georgia-based rival Beaulieu claims is causing “irreparable damage” to its “EverClean” flooring business.
Dalton-based Beaulieu is seeking unspecified damages in a trademark suit that demands Calhoun-based Mohawk to stop using “Forever clean” in ads for flooring products.
Mohawk could not be reached for comment.
Beaulieu said it has been using the EverClean “mark” since January 2012 and that it is used with the Bliss by Beaulieu EverClean brand of carpets.
The company accuses Mohawk, a direct competitor in the multi-billion dollar flooring industry, of trying to register “Forever Clean” for its SmartStrand carpet products.
Beaulieu said adding “For” in “Forever Clean” does nothing to distinguish the phrase from “EverClean.”
“The likelihood of confusion is further exacerbated by the fact that, among other things, Mohawk is selling identical goods and services as Beaulieu, and Mowhawk advertises and promotes its carpet sold under the infringing mark as being perfect for pets – which is how Beaulieu promotes its carpets sold under the EverClean marks,” the suit says.
Beaulieu said the similar marketing terms are likely to cause confusion among consumers. The company also said Mohawk is violating the state’s deceptive trade practices laws.
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