Crypton sues Williams Sonoma for unauthorized use of company trademark

Suit alleges that retailer is using Crypton trademark on products not treated with Crypton chemistry

BLOOMFIELD HILLS, Mich. — Fabric resource Crypton LLC has filed a lawsuit against lifestyle retailer Williams Sonoma for advertising, marketing and selling furniture in its Pottery Barn stores bearing the Crypton trademarks without its authorization for the past two years.

The company filed its lawsuit in U.S. District Court for the Eastern District of Michigan on Aug. 21, seeking a jury trial to resolve the matter. The document said that product samples featuring treated fabrics with Crypton trademarks are now available in Pottery Barn stores and also have been marketed on the retailer’s website.

A screenshot of a Pottery Barn product promotion saying that it uses Crypton performance fabrics in its upholstery line

The suit references a 2015 agreement through which Crypton supplies its treated chemistry for performance fabrics to Valdese Weavers. Valdese in turn treats the fabrics with Crypton’s treated chemistry.

Through this agreement, the suit said, Valdese sold Williams Sonoma fabric treated with the Crypton chemistry and the retailer used the Crypton-treated fabric on Pottery Barn furniture.

In 2022, the suit said, Crypton said that it was switching to a new and improved treatment chemistry that did not include PFAS chemicals. After this announcement, it claimed that Williams Sonoma directed Valdese to stop treating the Pottery Barn fabric featuring the Crypton chemistry, instead directing “Valdese to treat Pottery Barn fabric with an inferior third-party treatment chemistry.”

However, the suit claims, Williams Sonoma continued using the Crypton trademarks in connection with the sale of Pottery Barn furniture with treated fabric even though the fabric was not treated with Crypton chemistry.

Another screenshot of a Pottery Barn web page highlighting its use of Crypton performance fabrics

It said that Pottery Barn’s treated fabric and furniture have not featured Crypton’s chemistry since at least as early as August 2022, but that Williams Sonoma has been using Crypton Trademarks without Crypton’s authorization since that time.

“Recently ordered Pottery Barn fabric samples describe that the treated fabrics are ‘engineered with Crypton Home’s superior performance technology for easy cleanup,’” the suit claims, adding that “these Pottery Barn samples including Crypton trademarks are currently available at Pottery Barn stores.”

The suit added that a visit to the Pottery Barn website and an online chat through the same website in July showed that the retailer was selling furniture using the Crypton trademarks across several categories, including sofas, sectionals, chairs, bed frames, dining chairs and bar stools.

On July 18, the company said it sent a letter via certified mail to Williams Sonoma regarding the issue but had not received a response as of the filing of its lawsuit on Aug. 21. William Sonoma also has not responded to a request for comment from Home News Now.

“WS has and continues to falsely claim without authorization that its Pottery Barn treatments and furniture products are authorized and/or associated with Crypton,” the suit states, adding, “WS’s actions have caused confusion in that there is a perception in the marketplace that Crypton somehow endorses the Pottery Barn products. WS’s actions have also confused purchasers into thinking that they are buying furniture treated by Crypton chemistry or otherwise authorized by Crypton.”

It adds that the retailer’s actions are intended to cause confusion and deception in the marketplace and notes that the unauthorized use of the trademarks are an infringement of Crypton’s marks, thus constituting trademark infringement and unfair competition under the Lantham Act and laws of the state of Michigan.

In its July 18 letter, Crypton’s legal counsel asked that Williams Sonoma:

+ Immediately stop using the Crypton marks and/or any confusingly similar marks or names on or in connection with the sale, distribution and marketing of any Pottery Barn products.

+ Stop giving the false impression that Williams Sonoma is affiliated with and/or authorized by Crypton.

+ Physically remove all samples and all other promotional and advertising materials that include the Crypton marks from all Pottery Barn locations and otherwise.

+ Remove all reference of the Crypton marks from Pottery Barn’s website and all other promotional and advertising materials including reference to trade articles mentioning Pottery Barn in connection with the Crypton marks.

+ Obtain retractions from the publishers of all trade articles that the Crypton marks and Crypton are not associated with Pottery Barn or Williams Sonoma.

+ Prominently display on Pottery Barn’s website that the Crypton marks and Crypton are not associated with Pottery Barn or Williams Sonoma.

+ Provide a written assurance that Williams Sonoma will refrain from further infringements.

+ Provide a full accounting of the sales of Pottery Barn products in connection with the unauthorized use of the Crypton marks so that Crypton “can calculate the damages associated with your infringement.”

Thomas Russell

Home News Now Editor-in-Chief Thomas Russell has covered the furniture industry for 25 years at various daily and weekly consumer and trade publications. He can be reached at tom@homenewsnow.com and at 336-508-4616.

View all posts by Thomas Russell →

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