By Miles Moore, Senior Washington Reporter
LAS VEGAS (June 24, 2015) — A judge in Nevada federal district court has asked Toyo Tire & Rubber Co. to provide supplemental information in its motion for default judgment and permanent injunction against a Chinese tire maker it accuses of trademark counterfeiting and infringement.
Toyo filed suit in November 2014 against Kabushikiki Kaisha Tokyo Hihoon Rubber Corp., a holding company doing business in Beijing, and its associated business Japan Toyomoto Tire Corp. Despite their representations of being Japanese, Toyo said, the companies have no presence in Japan.
The Chinese companies have used the Toyomoto name since around 2010, and have consistently infringed on Toyo's trademarks since then, according to the lawsuit.
It was no accident that Toyo filed its suit against Kabushikiki and Toyomoto in Las Vegas in November, according to the complaint. On Nov. 3, 2014, Toyo representatives visited the Toyomoto booth at the Specialty Equipment Market Association (SEMA) Show, and found tires for sale under the Toyomoto trademark.
“The Toyomoto mark is substantially indistinguishable from and confusingly similar to the Toyo marks,” the complaint said.
“In addition, the defendants have recently filed applications in foreign countries to register the Toyomoto logo and mark, and Toyo has opposed those applications, asserting its prior and superior rights in its Toyo marks,” it said.