Toyo Tire & Rubber Co., Ltd., and its U.S. subsidiaries filed a trademark infringement action on Friday, November 8 against Toyama Tyre Corp., Ltd., and its subsidiaries.
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 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.”
“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.
About Toyo Tire Holdings of Americas Inc.
Toyo Tire Holdings of Americas Inc. (“TTHA”) is the wholly-owned North American subsidiary of TOYO TIRE & RUBBER CO., LTD. of Osaka, Japan. Headquartered in Cypress, California, TTHA and its group companies manufacture, import, sell and distribute Toyo and Nitto brand tires in the U.S., Canada and Mexico.
Toyo Tires maintains its commitment to innovation, quality, performance, and excellent customer service. Significant and continuous investments are made in its U.S.-based manufacturing facility and support operations in order to produce high-quality tires. The company’s tire portfolio covers a broad range of applications, including high-performance racing-inspired tires, rugged off-road tires for light trucks and SUVs, luxury-touring tires, and commercial truck tires.
