Toyo Tire & Rubber Co. and its U.S. subsidiaries filed a trademark infringement action on Nov. 8 against Toyama Tyre Corp. Ltd. and its subsidiaries.
Toyo filed the action against Toyama in the U.S. District Court for the District of Nevada, where both companies had exhibitor booths at the annual SEMA Show.
In the complaint, Toyo alleges that Toyama was marketing and selling tires using the “Toyama” and “Toyoma” marks, related domain names, and logos in direct infringement of Toyo’s long established “Toyo” trade name and trademark.
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 is seeking preliminary and permanent injunctive relief to prohibit Toyama from continuing to infringe on its intellectual property rights, together with other corrective relief, including destruction of infringing products and materials, and recovery for damages arising from Toyama’s actions.
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