CYPRESS, CA –Toyo Tire & Rubber Co., Ltd. and Toyo Tire Holdings of Americas Inc. (“Toyo”) announced today that the United States District Court for the Central District of California has ruled for Toyo and against Singapore-based Fitinparts Pte. Ltd., its foreign affiliates, JNBK Corp. Pte. Ltd., Valtari Gold, Capital, Ltd., its principal Leonid Kovalkov, and its U.S. affiliate Fitinparts-USA, LLC in connection with Toyo’s claims of trademark infringement and false advertising. Those entities sold automotive-related products on their website under the name “ToyoGuard.” “ToyoGuard” infringed several of Toyo’s trademarks and used Toyo’s logo style.
On June 3, 2016, the Court awarded Toyo attorney’s fees in connection with granting Toyo’s motion for judgment against the Defendants, finding that “the Toyo Marks possess substantial commercial strength” and that “Defendants adopted their ToyoGuard designation with the intent of deriving benefit from the reputation of” Toyo’s trademarks. The Court also found that “Defendants have advertised products ‘Made by ToyoGuard (Japan),’ when, in fact, there is no such entity that manufactures these products . . . Defendants have made a ‘literally false’ statement of fact in a commercial advertisement.”
The Court then granted a broad injunction against the Defendants that precludes, among other acts: “(1) Using ‘ToyoGuard’ or any term confusingly similar to the Toyo Marks; (2) Making any false statement or representation as to the source of any goods; (3) Using any name, mark, designation, product configuration, trade dress … that are likely to cause confusion, mistake or deception … with Toyo’s name, marks, designations, or product configurations.”
“We are pleased the Court ruled in our favor,” said Iori Suzuki, President of Toyo Tire Holdings of Americas Inc. “Toyo takes trademark infringement and false advertising by other companies very seriously, and will continue to vigorously protect our long-established and highly-reputable Toyo trademarks and the product quality and goodwill that they represent.”
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.
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