YAKIMA, Wash. (July 8, 2016) — A jury before the Eastern Washington federal district court has awarded OTR Wheel Engineering Inc. nearly $1 million in the conclusion of a long-running trade secrets case.
The jury awarded $967,015 to the Rome, Ga.-based OTR tire distributor July 1, finding that Cline, Iowa-based West Worldwide Services Inc. deliberately tried to steal some of OTR Wheel's biggest clients, interfering with OTR Wheel's established contracts.
It also found that West Worldwide deliberately had removed or obscured the Outrigger trademark name of OTR Wheel's tires and had violated the Washington Consumer Protection Act.
However, the jury did not find that West misappropriated trade secrets belong to OTR Wheel, or that OTR Wheel's registered trade dress for the Outrigger name was valid.
OTR Wheel filed suit against West in April 2014, claiming West had infringed on both its patented designs and its Outrigger trademark.
“The improved tires and unique design came at substantial expense and years of effort, but the Outrigger tire and its trade dress is now the leading tire in the AWP (aerial work platform) industry,” OTR Wheel said in its complaint.
West said in its rebuttal brief that OTR Wheel had no rightful claim to the Outrigger design.
“Plaintiffs were not the first or only party to use the tire tread at issue, and plaintiffs fail to cite any evidence indicating the tread design is a trademark or indeed a registered trademark,” it said.