Trademark case: Toyo Tire Corp. v. Atturo Tire Corp., USA

Federal Circuit rules Illinois litigation privilege bars claims in long-running trade dress dispute, but upholds some counterclaims.

In a nonprecedential ruling that could impact how companies settle intellectual property disputes, the U.S. Court of Appeals for the Federal Circuit has overturned a $10 million jury verdict against tire manufacturer Toyo Tire Corporation. The court found that Illinois’ absolute litigation privilege protects Toyo from liability for statements made in settling a prior trade complaint, even though those statements allegedly harmed a competitor not involved in that case (Toyo Tire Corp. v. Atturo Tire Corp., No. 22-1817 (Fed. Cir. Oct. 4, 2024)).

Case date: 04 October 2024

Case number: No. 22-1817

Court: United States Court of Appeals, Federal Circuit

A full summary of this case has been published on Kluwer IP Law