Cypress, California – Toyo Tire and Rubber Co. Ltd, and its American subsidiaries have filed a trademark infringement action against Toyama Tyre Corp. and its subsidiaries.
In a press release on 25 Nov, the company announced that the action was filed in the US District Court for the District of Nevada, where both companies had exhibitor booths at the annual Specialty 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.”
On 12 Nov, the US District Court issued a preliminary injunction against Toyomoto, finding that: “The Toyomoto mark is confusingly similar to the Toyo marks and the defendants are using the mark for the same goods covered by Toyo’s trademark registrations. In addition, defendants are claiming that they are a Japanese company, (which is likely to exacerbate confusion with Japan-based Toyo), even though defendants are China-based companies.”