ERJ staff report (TP)
Cypress, California – Toyo Tire & Rubber and its US subsidiaries filed a trademark infringement action on 8 November against Toyama Tyre Corp, and its subsidiaries, reported EIN News.
Toyo Tires filed the action against Toyama in the United States District Court for the District of Nevada, where both companies had exhibitor booths at the annual Speciality Equipment Manufacturers Association trade show.
In the complaint, Toyo Tires alleges that Toyama is marketing and selling tires using the “TOYAMA” and “TOYOMA” marks, related domain names, and logos in direct infringement of Toyo Tires’ long established “TOYO” trade name and trade mark.
The complaint states: “Defendants… have cloaked themselves in the name and trade identities of Toyo to gain entrance into and credibility in the United States and worldwide tire markets. As a result, consumers are likely to believe that Defendants are Toyo, or that Toyo sponsors, produces, licenses, or is somehow affiliated with Defendants or its products.”
“Toyo Tires invests millions of dollars each year to promote its distinctive name and logo in connection with its products.” said Iori Suzuki, senior vice president and general counsel for Toyo Tires. “We will vigorously defend our intellectual property rights against this type of misuse, and will not hesitate to take action to protect consumers, our associates, and business partners against such deception.”
Toyo Tires is seeking preliminary and permanent injunctive relief to prohibit Toyama from continuing to infringe on Toyo Tires’ intellectual property rights, together with other corrective relief, including destruction of infringing products and materials, and recovery for damages arising from Toyama’s actions.
Toyo Tire Holdings of Americas (“TTHA”) is the wholly-owned North American subsidiary of Toyo Tire & Rubber of Osaka, Japan, founded in 1945. Headquartered in Cypress, California, TTHA and its group companies manufacture, import, sell and distribute Toyo and Nitto brand tires in the US, Canada and Mexico.
(Toyama Tyre Corp’s website provides no information concerning their company address in Japan or date of foundation.)
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Full story from EIN News