The United States District Court for the Central District of California has entered a default judgment in the amount of $16,710,493 against Hong Kong Tri-Ace Wheel & Tire Corporation, and its founder, owner and manager Jinlin Ma (collectively “HKTA”) for trade dress infringement, fraud and unfair competition, based on HKTA’s infringement of Toyo Tires’ intellectual property, according to a statement released by Toyo Tire Corporation and Toyo Tire U.S.A. Corp. Sept. 18.
The court also entered an injunction against further sales of the AMP M/T tire, or any other HKTA tire that infringes upon Toyo Tires’ Open Country M/T, the statement says.
“Intellectual property rights protect Toyo’s substantial investments in the research and development of our tires,” said Iori Suzuki, chairman, president and CEO of Toyo Tire Holdings of Americas Inc. “As we have said before, Toyo will continue to relentlessly and unwaveringly pursue those who violate our rights.”
According to the statement, on Sept. 18, the court entered judgment against HKTA awarding $16,379,307 in compensatory damages and $331,186 in attorney fees. The lawsuit against HKTA was triggered by the sale of the AMP M/T tire, a copy of Toyo Tires’ best-selling Open Country M/T tire, the statement reads. Toyo says HKTA failed to respond to the complaint, resulting in Toyo Tires bringing a motion for default judgment.