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A British company named BioCote is suing Lafayette’s BioBond Adhesives for trademark infringement and breach of contract over the U.S. firm’s BioCoat product.
The plaintiff fears that the BioBond product name will cause confusion and reputation damage for it in the United States, where it sells a product under the BioCote trademark, according to a complaint filed earlier this week in U.S. District Court for the Northern District of Indiana.
The British company licenses its antimicrobial technology to companies who then can use it in their own products, provided they cite the use of BioCote technology. It’s a substance that creates an antimicrobial coating to prevent cross infection.
BioCote says BioBond, a plant-based adhesive manufacturer and customer, violated a brand agreement by using its technology to create BioCoat, a new line of antimicrobial coating products, the complaint states.
Court filings in the case include a copy of the brand agreement signed by BioBond CEO Joseph McConnaughey in 2024.
McConnaughey declined to comment when contacted by The Indiana Lawyer.
Last year, the U.S. company filed for a trademark with the U.S. Patent and Trademark Office, requesting the protection of the “BioCoat” name.
BioCote says it received a trademark watch notice from its trademark attorney.
The U.S. company agreed to drop the BioCoat product name and withdraw its trademark applications after several discussions, according to the lawsuit. But the complaint also notes that BioCote learned later on that BioBond was continuing to pursue the trademark in violation of the brand agreement.
BioCote is seeking a jury trial and hopes the court issues a preliminary injunction that will stop BioBond’s alleged misconduct. It also asks that BioBond be ordered to destroy all materials bearing the “BioCoat” name, and that its trademark application be canceled.
The case is BioCote Limited v. BioBond Adhesives Inc., 4:26-cv-00086.
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