Toyo Tire and Rubber and Toyo Tire USA have prevailed in the liability phase of the company’s trade dress infringement and breach of contract suit in Los Angeles Federal Court against Doublestar Dong Feng Tyre and Qingdao Doublestar Tire Industrial.
Iori Suzuki, president and CEO of Toyo Tires Holdings of Americas, said: “We are pleased that once again, the federal courts have recognized Toyo’s intellectual property rights, which protect Toyo’s R&D efforts in providing the highest quality tyres. These decisions are a rebuke for the Doublestar companies’ callous disregard towards others’ intellectual property rights, as well as for the orders of the courts. Toyo will continue to relentlessly and unwaveringly pursue those who violate our rights.”
The suit was triggered by Doublestar’s sale of the AMP M/T tyre, which Toyo says is a copy of its Open Country M/T.
In 2014, Doublestar entered into a final judgment, agreeing to stop manufacturing and selling the infringing product. When Toyo Tires learned of Doublestar’s sales of the AMP M/T, Toyo Tires brought the current action to seek damages for trade dress infringement, breach of contract and fraud.
On April 14, 2018, Judge Cormac Carney granted Toyo Tires’ motion for summary judgment, finding no liability issues for a jury to decide on the infringement and breach claims. All that remains is for a jury to decide the amount of damages that Doublestar must pay Toyo Tires, and to decide Toyo Tire’s claim for fraud against Doublestar.
