Michelin continues war against look-alikes

GREENVILLE, S.C. — Michelin North America Inc. said it has filed suits against Dynamic Tire Corp. and its president, Robert Sherkin, in both Canadian federal court and the U. S. District Court for the Northern District of New York.

Michelin alleges copyright infringement, violations of the Lanham Act (selling under false pretenses), violations of New York law, and unjust enrichment based on Dynamic’s web site illustration of the Triangle TR689 tire.

Dynamic markets Triangle Tires, including the Triangle TR689, through a web site at www.dynamictire.com. Michelin alleges that Dynamic’s web site illustration of the Triangle TR689 tire was copied from a drawing of Michelin’s XDE M/S tire. In the illustration appearing on Dynamic’s web site, Michelin claims that the words “Triangle” and “TR689” have replaced the words “Michelin” and “XDE M/S” that appear in Michelin’s original illustration. Michelin seeks an injunction along with an award of attorneys’ fees and costs.

Michelin is fighting its battle against counterfeits
on both sides on the border

In Canada, Michelin alleges infringement of two Canadian Industrial Designs by Dynamic’s distribution of Triangle TR696 tires and Triangle TR689 tires. Michelin also seeks an injunction to halt distribution of these tires along with an award of damages and costs.

These recent actions in New York and Canada come in addition to the suit filed in the Federal Court of the Northern District of Alabama (Birmingham) in June 2005. The first action, filed against Aeolus Tire and Dynamic Tire as well as Robert Sherkin, president of both companies, charged patent infringement for the unauthorized use of Michelin’s proprietary tread design for its popular XDA-HT truck tire.

The Michelin XDA-HT tire was issued U. S. Patent number D379,607 on June 3, 1997. The knock-off tires, sold under both the Aeolus and Windpower labels, are distributed in North America by Dynamic Tire, with offices in Canada and the United States, the company says. The tires are produced by Aeolus Tire in China.

All of these lawsuits are part of a systematic strategy whereby Michelin intends to act aggressively against tire distributors that are selling knockoffs of its tires or otherwise infringing Michelin’s intellectual property rights.

Michelin’s policy is aimed at protecting the roughly $1-billion it invests in research and development each year and in the interests of its customers who may be confused by the look-alike tires.