LAS VEGAS—Toyo Tire & Rubber Co. has filed supplemental information at a judge's request, bolstering its argument before the Nevada federal district court for permanent relief in a trademark action against a Chinese tire maker.
Kabushikiki Kaisha Tokyo Hihoon Rubber Corp., a Beijing-based holding company, and its associated business, Japan Toyomoto Tire Corp., have been counterfeiting and infringing on Toyo's trademarks since around 2010, Toyo claims in a lawsuit it filed in November 2014.
On June 29, Toyo filed a supplemental brief at the request of Nevada Judge Cam Ferenbach.
Judge Ferenbach issued an order June 15 in response to Toyo's motion for default judgment and a permanent injunction against Kabushikiki and Toyomoto. Specifically, Judge Ferenbach sought information on whether his court had jurisdiction to issue such an order.
Because of Toyomoto's presence at the Specialty Equipment Market Association (SEMA) Show in Las Vegas in November 2014, at which it exhibited the infringing trademarks and tires bearing those trademarks, the Nevada court unquestionably has jurisdiction in the case, Toyo argued.
“Nevada's long-arm statute provides for the exercise of personal jurisdiction to the full extent permitted by the United States Constitution,” Toyo said.
Although Toyo is fighting Toyomoto around the world for trademark infringement, the tire maker does not expect the Nevada court to issue a worldwide injunction, only one that applies to the U.S., Toyo said. Therefore, Toyo's request for relief cannot be construed as violating the Lanham Act, the major law covering trademark infringement in the U.S., it said.
Along with the supplemental information, Toyo filed with the court a proposed final default judgment and permanent injunction.
The proposed injunction would bar Kabushikiki and Toyomoto from using the allegedly infringing trademarks in any way in the U.S., or selling or distributing any products bearing the trademarks.
It also would award Toyo $300,000 in statutory damages plus post-judgment interest on the principal sum from the date of the order until payment in full.