Goodyear reaches agreement with De Klok, S&H over grey market import tyres

Distributor agrees to ‘improve internal controls with the support of Goodyear’ as manufacturer underlines resolve ‘to take legal actions against illegal (grey) tyre imports’

The De Klok Banden group of companies is to ‘further improve their internal controls’ with Goodyear’s support as a result of the agreement

Goodyear and De Klok Banden have reached an agreement to increase the Dutch wholesale group’s control over parallel imports, also known as “grey market” tyres. In a statement delivered exclusively to Tyrepress.com and its sister websites in the EU, Goodyear affirmed its resolve to tackle “illegal (grey) tyre imports” using “legal actions”. The manufacturer says it has already taken legal action against a number of European market distributors. It asserts its right to control imports to the European Union from external markets, including, as of 1 January 2021, the UK under trademark or other legal rights.

The full statement reads:

“Goodyear announced today that it has reached an agreement with De Klok Banden B.V., S & H Tires B.V and their affiliated companies to resolve a parallel import case between the two groups. The agreement resolves the pending trademark infringement claim initiated in Q3 2020 by Goodyear following seizure of tyres often referred to as grey market imports.

“On behalf of the De Klok Banden, Mr Van der Heiden declared that the agreement “enables De Klok Banden and S&H Tires to avoid the cost of an expensive litigation and will help them to further improve their internal controls with the support of Goodyear to prevent sourcing of illegal imports in the European Union.”

“David Anckaert, VP consumer replacement Europe at Goodyear, expressed satisfaction in the resolution of the matter. Goodyear’s European organisation has the exclusive rights to first place Goodyear and Dunlop branded tyres on the market in the European Union. If a tyre is imported into the European Union (including from the United Kingdom after 1 January 2021) by a non-Goodyear organization without Goodyear’s consent, that tyre is an “unauthorized” or “illegal” import and may not be distributed, sold or offered for sale in the European Union. Such activity infringes Goodyear’s trademark rights or other legal rights.

“In legal terms, a “Grey Market” or illegal “Parallel Import” refers to a tyre which, even though it may not violate any law or infringe any rights in the export country, when imported into the European Union (EU) or other member states of the European Economic Area (EEA) infringes a trademark, design, or patent right, or violates other applicable laws such as unfair competition laws.

“Some tyres are made in the European Union specifically for export to and distribution outside of Europe. Other tyres are made outside of the European Union expressly for local distribution. Buying these tyres outside of the European Union and then importing them into Europe constitutes an illegal parallel import and trademark infringement.

“Goodyear has taken legal action against a large number of distributors in various European markets. These actions have included obtaining injunctions, delivery of tyres back to Goodyear, disposal of tyres, obtaining details of upstream sources of supply, recovery of damages and recovery of legal costs. Anckaert added that “Goodyear is resolved to protect its rights and take legal actions against illegal (grey) tyre imports. Any tyre professional can support in flagging potential illegal imports by contacting its Goodyear sales representative or send an email to illegal_import@goodyear.com.”