BNP Granted Deadline Extension as Publisher Continues Settlement Efforts with Oldcastle

BNP Media, publisher of the magazine Building Envelope and buildingenvelopeonline.com, has been granted additional time to respond to a lawsuit Oldcastle BuildingEnvelope® (OBE) recently filed against it.

In May, OBE filed a complaint against BNP alleging trade name and trademark infringement and unfair competition for the publisher’s use of the term “Building Envelope,” according to court documents filed in the United States District Court for the Northern District of Texas, Dallas Division.

Allegations also include BNP’s use of a similar color scheme and marketing brand that had been established by OBE, in addition to other claims.

[READ: Battle for the “Building Envelope” Begins; Oldcastle Files Lawsuit Against Publisher]

BNP had until Tuesday, June 16 to respond, and at that time, the company filed a motion to extend the deadline 30 days, which Senior United States District Judge A. Joe Fish granted.

“Prior to Plaintiff filing suit, BNP and Plaintiff had begun discussions seeking to resolve this dispute without the need for court intervention,” the motion reads. “In fact, BNP had already advised Plaintiff that, in the interest of being cooperative, it had unilaterally taken steps to change the color scheme associated with its marks to yet further distinguish them. Discussions between counsel are continuing, and BNP is hopeful that an agreement can be reached.”

BNP completed the acquisition of a trio of industry trade publications last week, and the company notes that the efforts put forth in finalizing the deals meant that “several key people were out of the office or otherwise not available,” according to court documents. “Moreover, given confidentiality obligations, information concerning the acquisition could not be shared with the Plaintiff.”

“Due to the timing, nature, size, and strategic value of this acquisition, BNP’s staff had been focused extensively on completing and finalizing the acquisition over the last weeks,” BNP asserts. “When this dispute arose, BNP informed Plaintiff that while it wanted to discuss this issue and seek a resolution, it could not respond on the Plaintiff’s timeline due to the acquisition. Moreover, Plaintiff has asserted a number of marks or versions thereof, including alleged common law rights, which BNP would need more time to properly investigate and address. With this acquisition completed, BNP can dedicate the necessary resources to this lawsuit and, more importantly, see if a settlement between the parties can be achieved.”

BNP has until July 16 to answer, move or otherwise respond to the complaint.

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