BNP Media, publisher of the magazine Building Envelope and, has been granted a second deadline extension to respond to a lawsuit Oldcastle BuildingEnvelope® (OBE) recently filed against it. The motion, filed July 14, was approved by Judge A. Joe Fish, as BNP asserts talks between the parties “have significantly progressed such that both sides [are] confident that a settlement is more likely than not in the next 30 days.”

courthouseIn 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.


BNP initially had until June 16 to respond to the complaint, but the company was granted a 30-day extension after filing a motion. The motion read, in part, that prior to the suit being filed, “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.”

Additionally, BNP noted that efforts put forth during a recent acquisition of a trio of industry trade publications 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.”

That extension was set to expire July 16, but the company will now have an additional month—a month in which it hopes will put an end to litigation. The newly established deadline is August 17.