Xylem Group, LLC Sues ITT and its Xylem, Inc. Spin-off for Trademark Infringement
Xylem Group alleges ITT’s use of trademarked “XYLEM” name creates confusion in the plumbing industry market
(Roswell, GA, January 17, 2012) Xylem Group, LLC, manufacturer of innovative bath and plumbing products, is suing ITT and its Fluid Technology spin-off in federal court for using its trademarked XYLEM name. Xylem Group, LLC contests that ITT’s new water technology spin-off named “Xylem, Inc.” violates Xylem Group, LLC’s registered trademark, which, they argue, has created confusion in the marketplace. Xylem Group, LLC has owned the registered trademarked XYLEM name, and used it in the plumbing industry, since 2005. Xylem Group, LLC’s goal in court is to stop ITT’s infringement and the resulting confusion in the marketplace.
According to Hal Weinstein, founder and president of Xylem Group, LLC, it is a David and Goliath battle whereby corporate giant ITT is exerting its size and power over a small business. Weinstein says he is confident that, despite his company’s size relative to that of ITT, Xylem Group, LLC will prevail. To this end Weinstein cites an Office Action dated November 9, 2011 from the United States Patent and Trademark Office that states the registration request for the XYLEM trademark by the ITT spin-off was refused on grounds of likelihood of confusion.
“There is a lot of confusion in the marketplace, which is making it difficult for Xylem Group, LLC to get its message out,” states Weinstein, adding, “Who we are, what we are, and what we do is being undermined by ITT.” Xylem Group, LLC owns the Xylem trademark name for plumbing items including bath furniture, fittings, fixtures, and valves. Xylem Group, LLC is documenting the instances where actual market confusion has adversely affected its business and it will aggressively move forward in the lawsuit until ITT agrees to cease and desist from using its trademarked XYLEM name. Xylem Group, LLC is also pursuing a judgment seeking damages.
In a filed court document, ITT contends that their use of the XYLEM trademark does not and will not result in consumer confusion. However, Weinstein points out that ITT was in the past involved in the “finished goods” side of the plumbing industry, having owned Grohe, AG, international manufacturer and supplier of sanitary fittings. He further points out that ITT has published press releases and filed government documents stating that it intends to sell water flow devices, such as pumps, valves, and fittings under the XYLEM name. Xylem Group, LLC confirms that the type of representatives that it contracts with also sell pumps, valves, pipes and fittings that compete with ITT in the plumbing
industry. Xylem Group, LLC asserts that there is also considerable confusion in the trade press and supply chain, since both companies publish to the same publications, including Supply House Times, Plumbing & Mechanical, The Wholesaler, and The Contractor.
Contact: Mary Beth Duehr, DUEHR & ASSOCIATES, LLC, 1902 Wright Place, Suite 200, Carlsbad, CA 92008-6583; Phone: 760-918-5622; Fax: 760-918-5505; marybeth@duehrandassociates.com
About Xylem Group, LLC
Xylem Group, LLC, designs and manufactures a diverse selection of products including vanities, faucets, fittings, and sinks for the bath in traditional, transitional, and modern styles, all bearing its brand “XYLEM.” The company’s creed––Where Ideas Flow––speaks to a philosophy that encourages the kind of creative thinking that gives birth to innovative and unique design. For more information about Xylem Group, LLC products call 866-395-8112 or visit www.xylem.biz
