Covertech Fabricating Inc., Ontario, Canada, has won its lawsuit against its former distributor, TVM Building Products, Johnstown, Pennsylvania, for trademark infringements and unfair competition. TVM has been ordered to pay more than $4.7 million in damages to Covertech for sales of insulation products that were improperly identified as its own.
Covertech sued TVM in U.S. District Court for trademark infringements and unfair competition under the Lanham Act, fraud on the United States Patent and Trademark Office, and breach of contract. On August 14, the court issued a decision finding in favor of Covertech on all counts.
Covertech product marks covered in the lawsuit include rFoil®, Concrete Barrier® (CBF), Ultra NT Radiant Barrier™, Concrete Underpad™, and Ultra Concrete Underpad™.