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September 29, 2017 02:00 AM

Michelin suing Tire Mart over BFG tread pattern

Tire Business Staff
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    Tire Mart Inc./Braven Off-Road photo
    Braven Ironside

    ST. LOUIS — Michelin North America Inc. is suing Tire Mart Inc., which does business as Braven Off-Road, for alleged patent infringement regarding an Ironside-branded product and a Michelin trademarked tread pattern.

    Michelin filed suit Sept. 26 in the U.S. District Court for the Eastern District of Missouri.

    According to the complaint, St. Louis-based Tire Mart infringed on Michelin's Patent No. D530,266 (the D'266 patent), which pertains to a tread Michelin uses for the BFGoodrich T/A M2 tire, it said.

    Michelin claims that Tire Mart infringed on the D'266 design in its Ironside line of off-road tires. The complaint includes illustrations of the D'266 design as well as pictures of Ironside tires taken from the Tire Mart website. According to Michelin, the Ironside tread design is close enough to D'266 to deceive the ordinary tire buyer.

    "Michelin did not give Tire Mart authorization or license to make, use, offer to sell, sell or import the infringing products," the complaint said. Michelin has held the D'266 tread design patent since October 2006, the complaint said.

    Michelin is seeking a permanent injunction against Tire Mart, damages, payment of profits Tire Mart made from the allegedly infringing tires, attorneys' fees and court costs.

    St. Louis-based Tire Mart — perhaps best known for its Pit Bull line of tires — declined comment on the lawsuit. The manufacturer of the Braven Ironside product line was not disclosed.

    In August 2016, Michelin reached settlements with Azzuro Tire Corp. and Svizz-One Corp., also for alleged patent infringement. Michelin had accused Azzuro and Svizz-One of infringing on U.S. Patent D483,322, the tread Michelin uses for the Latitude Tour tread design.

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