Penntek Industrial Coatings has been named in three federal lawsuits since 2021, and all of them are now closed. The Penntek Coatings lawsuits include a trademark and trade dress case the company brought against a former dealer, a contract case a Florida flooring company filed against Penntek and two individuals, and an insurance coverage action filed by Grinnell Mutual over allegedly defective coatings. The company’s legal name is PolyTek Surface Coatings, LLC, doing business as Penntek Industrial Coatings.
Trademark Case Against Ideal Concrete Coatings
In December 2021, Penntek sued Ideal Concrete Coatings, Co. in the U.S. District Court for the District of Minnesota, alleging Ideal kept using Penntek’s trademarks, trade dress, and branding after the dealer relationship ended. The complaint brought four claims: trademark infringement, trade dress infringement, and unfair competition under the Lanham Act, plus a violation of the Minnesota Uniform Deceptive Practices Act. Penntek had already filed a separate collection action in Ohio state court in August 2021, seeking roughly $31,000 in unpaid invoices.1GovInfo. PolyTek Surface Coatings LLC v. Ideal Concrete Coatings Co.
On May 4, 2022, Judge David S. Doty granted Ideal’s motion to dismiss for lack of personal jurisdiction. The dismissal was without prejudice, so Penntek was free to refile.1GovInfo. PolyTek Surface Coatings LLC v. Ideal Concrete Coatings Co.
It did. On June 22, 2022, Penntek filed a new trademark infringement suit against Ideal in the U.S. District Court for the Southern District of Ohio. That case ended on December 28, 2022, when Penntek filed a notice of voluntary dismissal.2PACER Monitor. PolyTek Surface Coatings LLC v. Ideal Concrete Coatings Co. Available records don’t show whether the parties settled.
Contract Case Filed by 24 Hour Floors
In May 2023, 24 Hour Floors, LLC sued Penntek in a contract dispute that was later removed to the U.S. District Court for the Southern District of Florida. The named defendants were PolyTek Surface Coatings, LLC (doing business as Penntek Industrial Coatings), Penntek Industrial Coatings, LLC, and two individuals, Scott Weyer and Brian Johnson.3CourtListener. 24 Hour Floors LLC v. Polytek Surface Coatings LLC Johnson is a longtime Penntek employee who also co-owns Accelerate Concrete Coatings, a certified Penntek dealer.4Accelerate Concrete Coatings. About Us
Docket entries show the defendants moved to dismiss for failure to state a claim, and the plaintiff moved to remand the case to state court.3CourtListener. 24 Hour Floors LLC v. Polytek Surface Coatings LLC The case was terminated on January 4, 2024. The specific terms of the resolution are not in the available docket records.
Grinnell Mutual Insurance Coverage Case
On October 26, 2023, Grinnell Mutual Reinsurance Company filed a declaratory judgment action in the U.S. District Court for the Southern District of Florida, asking the court to rule that it had no duty to defend Penntek and related parties against underlying claims that a “UV-stable coating” applied to driveways and decks was faulty.5Law360. Insurer Says No Coverage for Faulty Coating Product Spat The defendants included Penntek Industrial Coatings, LLC, PolyTek Surface Coatings, LLC, 24 Hour Floor, LLC, Tru Colors Contracting, Inc., Brian Johnson, and Scott Weyer.6PACER Monitor. Grinnell Mutual Reinsurance Company v. Penntek Industrial Coatings LLC et al
The party overlap with the 24 Hour Floors matter suggests the two cases arose from the same underlying defective-coating allegations. The Grinnell Mutual case closed on January 19, 2024, after the insurer filed a stipulated dismissal with prejudice, meaning the parties reached an agreement resolving the coverage question.6PACER Monitor. Grinnell Mutual Reinsurance Company v. Penntek Industrial Coatings LLC et al
Where the Cases Stand Now
Every identified federal case involving Penntek has been terminated. The trademark disputes with Ideal Concrete Coatings ended through jurisdictional dismissal in Minnesota and voluntary dismissal in Ohio. The 24 Hour Floors contract case and the related Grinnell Mutual insurance case both closed in early January 2024. No consumer class action involving Penntek appears in the available records, and no pending federal case is identified.