Bridgestone Americas has issued a statement regarding its decision to file a trademark infringement suit against Commerce Max Inc. over its use of the 'Amberstone' tire brand name:
“We filed a lawsuit in U.S. District Court in Nashville on Mar. 12, against San Benito, Tex.-based Commerce Max Inc. for trademark infringement, trademark dilution and unfair competition.
“Commerce Max, Inc. is infringing the iconic, federally registered and incontestable Bridgestone and Firestone trademarks by using the ‘Amberstone’ brand to sell tires.
“Our Firestone brand goes back to Harvey Firestone’s founding of the Firestone Tire and Rubber Co. at the turn of the century and our Bridgestone brand has been a mainstay in the U.S. since the 1960s. We have spent hundreds of millions of dollars over the course of many decades advertising, marketing and promoting the Bridgestone and Firestone brands.
“These brands receive additional, high-profile exposure through media and third-party recognition and other sources, including our association with the National Football League, National Hockey League, Major League Baseball, Izod IndyCar Series and the Indianapolis 500.
“Commerce Max’s use of a similar brand that trades off our ‘stone’ suffix runs afoul of federal and state trademark, unfair competition, and consumer-protection laws. This lawsuit was filed to prevent consumer confusion. Specifically, when consumers encounter Commerce Max’s ‘Amberstone’ tire brand, they are likely to believe that the tire is made by, associated with or licensed by our company. Additionally, Commerce Max’s use of ‘Amberstone’ unlawfully dilutes the distinctive value of our famous, instantly recognizable trademarks. This is clearly a violation of our significant intellectual property rights.
“We are seeking, among other things, a permanent injunction against Commerce Max’s use of ‘Amberstone’ and similar marks, corrective advertising and compensation.
“The matter will be put before a jury.”