Kingdom Auto Parts Files Lawsuit Over MEMA Letter

The war of over purported trademark infringement and counterfeit auto parts has heated up with news that Ottawa-area Kingdom Auto Parts has filed a lawsuit in U.S. court against the Motor and Equipment Manufacturers Association.
The lawsuit was filed in federal district court in Detroit, Michigan to respond to the September 9, 2008 trade letter issued by Steve Handschuh, president and COO of Motor and Equipment Manufacturers Association (MEMA), claiming that the brands of the MEMA member companies are “at risk,” based on alleged conduct of Kingdom Auto Parts.
The suit says that MEMA is wrong to suggest that cross-referencing of manufacturers’ names, brands, and part numbers is an improper practice in the aftermarket for automotive replacement parts. The suit asks the court to declare cross-referencing a “fair use” of trademarks of other companies.
Additionally, the suit presents a business defamation claim against MEMA and Handschuh for false statements of fact contained in the September 9th trade letter.
Earlier this year, Dayco Products, LLC, a subsidiary of Mark IV Industries, Inc., filed a lawsuit against Kingdom, claiming 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.
For its part, Kingdom Auto Parts says that it has successfully introduced products into the North American market under several brand designators, including “Prime Choice” and “StrutTek,” and has advertised these products principally by brand name and part numbers of its own use, but offer cross-reference by OEM or aftermarket part numbers to inform customers of intended applications. This, says Kingdom, is known as a “fair use” of another’s trademark.