Tokyo – The Sao Paulo court of appeals has ruled in favour of Bridgestone Corp. in a trademark and trade dress infringement lawsuit against a Brazilian retread company, the Japanese tire maker has announced.
Dating back to January 2015, the case claims that New Tyre Remoldadora De Pneus manufactured and sold tires featuring Turanza trademark and Turanza ER300 tread pattern, which were in infringement of the Bridgestone’s trademark and trade dress rights.
In December 2016, the Sao Paulo court of appeals ruled in favour of Bridgestone and ordered New Tyre to cease infringing and pay damages, said the 29 June statement.
The quantification phase ascertaining the figures owed by the defendant was concluded in March 2020, said Bridgestone without disclosing the amount of damages.
The tire maker said the decision was “very important leading case” for the recognition of the trade dress infringement of tires by Brazilian courts.
Trade dress infringement is the unauthorised use of a distinctive element of a product or service (e.g., overall appearance) which is likely to mislead consumers or create confusion.
Bridgestone said it took “unauthorised use of its intellectual property very seriously,” and that it would “vigorously enforce its rights against infringers.”