LOS ANGELES — Toyo Tire & Rubber Co. Ltd. and its U.S. subsidiary have filed a motion opposing the motion for partial summary judgment filed by two Chinese tire makers in a long-running trade dress infringement/unfair competition case.
The factual presentation in the motion filed May 7 by Doublestar Dong Feng Tyre Co. Ltd. and Qingdao Doublestar Tire Industrial Tire Co. Ltd. is "at odds with the evidence," and issues of material fact preclude summary judgment, Toyo said in its June 4 motion opposing the summary judgment motion.
On April 12, the Central California court partially granted Toyo's motion for summary judgment in the case the Japanese tire maker brought against the Doublestar companies in February 2015.
Toyo accused the Chinese tire companies of infringing the design of Toyo's Open Country M/T premium off-road tire.
The Doublestar companies seek to block Toyo from claiming treble damages in the trade dress infringement case under the Lanham Act, which forbids trademark infringement, trademark dilution and false advertising.
"Because Toyo has already obtained adequate relief under the Lanham Act, it should not be entitled to any further relief," they said in the May 7 filing.
The Doublestar companies went further in their May 21 follow-up filing, accusing Toyo of deliberately misrepresenting the case to bolster its fraud claims against the Chinese tire makers.
"Toyo asks the court to suspend reality and imagine that Toyo never would have entered into the Stipulation and Final Judgment — the life blood of its entire litigation — if (Doublestar) had not induced it by 'suppressing' (Doublestar's) involvement with the M/T tire," the Doublestar companies said.
"Toyo cannot with a straight face reap the benefits that flowed from the Stipulation and Final Judgment, and then ask this court to award it relief under a scenario where the Stipulation and Final Judgment never existed," they said.
Toyo blasted back at the Doublestar companies in its June 4 filing.
"(Doublestar) presents a factual background that is remarkably at odds with the evidence of record," Toyo said. "(Doublestar's) attempt to rewrite the factual record is both improper and underscores the existence of genuine issues of material fact that preclude summary judgment."
Judge Cormac J. Carney of the Central California court has scheduled a June 25 hearing on Doublestar's motion.