Dayco Sues Ottawa’s Kingdom Auto Parts

Dayco Products, LLC, a subsidiary of Mark IV Industries, Inc., announced that it has filed a lawsuit against Kingdom Auto Parts Ltd. based in Ottawa, Ontario.
This federal court action, brought in the Eastern District of Michigan (Detroit) includes claims for trademark infringement, trade dress infringement, false designation of origin, unfair competition and patent infringement under state and federal law.
Dayco’s lawsuit is based on certain aftermarket automatic belt tensioners and pulleys sold by Kingdom in the United States.
The lawsuit alleges that Kingdom has been selling automatic belt tensioners and pulleys for the automotive aftermarket that appear to be “Dayco” belt tensioners and pulleys but which are, in fact, counterfeit products.
The company says the packaging for the Kingdom products includes the well-known “Dayco” trademark and the unique five-digit product code associated with Dayco.
Also, Dayco alleges the Kingdom tensioner products themselves duplicate the distinctive, aesthetic, non-functional trade dress elements of the Dayco automatic belt tensioners, including the overall configuration and appearance, the number and shape of ribs, recesses, cutouts and cavities reflected in the product’s castings, and the inclusion of a flat spring.
If left unaddressed, Dayco contends that Kingdom’s use of “Dayco” trademarks, the unique Dayco product numbers and the Dayco trade dress will enable Kingdom to utilize the goodwill established by Dayco for its own benefit. Moreover, Dayco contends that there is a substantial risk to Dayco that confusion in the marketplace regarding the source of the Kingdom products will adversely affect Dayco’s reputation as a provider of superior belt tensioner and pulley products.
Dayco has requested a jury trial and seeks a variety of remedies from the court, including permanent injunctive relief, seizure and destruction of infringing goods, monetary damages, punitive damages, costs and attorneys’ fees.