Toyo Tire & Rubber and Toyo Tire U.S.A. announced they have won a trade infringement case and break of contract suit against Doublestar Dong Feng Tyre Co., Ltd. and Qingdao Doublestar Tire Industrial Co. (collectively “Doublestar”).
Iori Suzuki, President and CEO of Toyo Tires Holdings of Americas Inc., stated that “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 tires. 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 tire, a copy of Toyo Tires’ best-selling Open Country M/T tire. Doublestar had previously agreed that another of its tires infringed Toyo Tires’ OPMT trade dress and that its trade dress was valid. In 2014, Doublestar entered into a Final Judgment, agreeing to cease the manufacture and sale of 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.
