By Steven Feldman
HICKSVILLE, N.Y.—After years in the works, Congoleum on June 23 was granted a patent for the technology inherent in its DuraCeramic groutable luxury vinyl tile. Specifically, the patent covers the tile’s convex or contoured edge and print layer that extends over the surface of the edge, which combine to accurately replicate a true ceramic tile installation.

“In essence, the patent covers any contoured-edged product where the print design extends over the edge,” said Roger Marcus, president and CEO. “Any manufacturer that wants to make a groutable-type product needs a reasonably defined contoured edge. This look has also become extremely popular without grout.”

According to Marcus, in order to have the appropriate visual, a company would be in violation of Congoleum’s patent. “To the best of our knowledge, that includes most products that compete with DuraCeramic. At this point, Congoleum is still contemplating how it will approach suppliers that sell products it believes infringe on the patent. “We are in the process of finalizing a program relative to competitive products,” Marcus said. “We have not decided to whom, if anyone, we are going to give the opportunity to license the technology. But we have already started notifying some to cease and desist.”

The importance of the patent lies in the fact that luxury vinyl tile (LVT) is one of the few growth areas in the floor covering industry, and groutable LVT is showing the most prolific growth. Given Congoleum’s mounting legal fees from its asbestos-driven bankruptcy issues, does the company still have enough gas in the tank to defend its position?

“Whatever it will cost to give Congoleum a preeminent position in the fastest growing area of floor covering today would be a worthwhile investment to the company,” Marcus said, “so we are prepared to spend whatever it takes to defend our position, which is the patented technology that everyone has chosen to use.” He added that he views the groutable LVT look as a potential $200 million business.

Longtime Congoleum Midwest distributor All-Tile was more than pleased to see Congoleum’s efforts rewarded. “DuraCeramic has been a great product for Congoleum and a great product for All-Tile,” said Bob Weiss, the wholesaler’s president. “It has become an absolute value product for consumers who are looking to trade down from ceramic tile.”

Weiss added that DuraCeramic’s success is illustrated by the “glut of new, infringing entrants” into the category. “This patent will protect the real deal from products in the market that may look the same but be of inferior quality that take share away from DuraCeramic.”

Finally, Weiss noted that Congoleum spent a lot of time and money developing the technology that allows groutable LVT. “The big thing is it rewards American ingenuity and intellectual property. This is a legitimate property Congoleum developed. This is what America was founded on.”

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