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Compass Publishes Yellow Sea Import Warning

Compass Group Ltd, the EU-wide owner of the Yellow Sea Community Trade Mark has warned importers selling Yellow Sea tyres without its permission that it will take legal action. The statement reads: “It has come to the attention of the Compass Group Ltd that certain people and/or Companies in the EU have been/are importing/selling our Yellow Sea brand tyres into the EU without the authorisation of the Compass Group Ltd, and by doing this they are infringing our above mentioned and long standing Trade Mark.

“We therefore give notice that our lawyers will, without further warning, take all necessary legal action, including seeking substantial damages, against those aforementioned entities who infringe our ‘Yellow Sea’ Trade Mark…Compass Group Ltd is the owner in the EU of the ‘Yellow Sea’ CTM (Community Trade Mark), granted under a Certificate of Registration (No 4164489) issued by the OHIM (Office for Harmonization in the Internal Market) in the EU.”

18th November 2008/by Tyrepress Editors

For Yinbao Tyre, imitation is the highest form of flattery

International News, News

Western European manufacturers’ complaints that their products have been copied in the Far East are well reported. However, Shandong Yinbao Group is one of a select few Chinese tyre manufacturers that have suffered product piracy too.

According to international marketing manager Gavin Liu, the Shouguang-based Yinbao Group recently discovered that its growing off-the-road (OTR) product range was being copied, with the pirates making use of the company’s Goodtyre name: “We have found some faked tyres recently in the market copying the Goodtyre brand name of OTR products – which is both damaging and illegal.” Fighting back in a letter to customers, Yinbao representatives wrote: “Companies and people who undermine the interests of clients and reputation of our group will be investigated for legal responsibility according to law.”

23rd October 2008/by Chris

Conti Concludes “Far Reaching” Agreement with Schaeffler

After more than a month of talks and controversy, on August 21 Continental AG announced it has entered into what it calls a ‘far reaching investment agreement’ with Schaeffler KG, Mrs. Maria-Elisabeth Schaeffler and Mr. Georg F.W. Schaeffler. The agreed upon deal sees Schaeffler increase its offer to 75 euros per Conti share, however this “new chapter in its Corporate history”, to quote Continental, will be one without CEO Manfred Wennemer; Mr. Wennemer has asked the Conti supervisory board to release him from his responsibilities by August 31, 2008. The supervisory board has agreed to this request, noting great respect for Wennemer’s achievements. His successor will be appointed in the immediate future.

21st August 2008/by Tyrepress Editors

Man Sues Goodyear for Sex, Disability Discrimination

An employee at Goodyear’s soon to close Tyler, Texas facility is taking legal action against the tyre major, claiming his job was terminated because he is a man. Area manager Cory Harris says that salaried staff at the plant were told they would be able to continue their employment with Goodyear at other facilities. However, while on medical leave for a work-related injury, Harris was told he did not qualify for a job transfer and that his employment at Goodyear would not continue.

According to court papers related to a wrongful termination suit lodged against Goodyear in the Marshall Division of the Eastern District of Texas on July 22, Harris believes he was fired in retaliation for his injury and because he is male. Harris states that, at the time the decision was taken, a number of area manager job openings were available at other Goodyear facilities. As evidence, he argues that a less qualified and less experienced female employee retained her employment and secured a transfer to another plant.

25th July 2008/by Tyrepress Editors

Israeli Green Police Take Legal Action Against Tyre Businesses

The Ministry of Environmental Protection reports that it has initiated administrative enforcement procedures against tyre repair shops, garages and spare parts warehouses for improper storage of tyres, in contravention of the provisions of the Tire Disposal and Recycling Law, 2007. The ministry will continue to follow up on the implementation of the law in these establishments and will initiate additional enforcement measures if necessary.

7th March 2008/by Tyrepress Editors

Chinese Court Enforces Bridgestone Patent Infringement Ruling

On February 27 Bridgestone publicly released details of a recent patent infringement case in China. A Beijing court has ruled in favour of Bridgestone Corporation in a patent infringement case against Chaoyang Long March Tyre Co., Ltd, the Liaoning Province based manufacturer of the Long March brand of truck tyres.

After it came to Bridgestone’s attention that the design of certain Long March truck and bus radials may infringe the tyre major’s patented intellectual property, the company commenced legal action against Long March in December 2006. The Beijing No. 2 Intermediate People’s Court presided over the proceedings, and upon deliberation, ruled in favour of Bridgestone in March 2007. Long March Tyre was ordered to stop manufacturing and selling the infringing products, and to pay damages to Bridgestone. As Long March Tyre did not file an appeal, the ruling became effective.

27th February 2008/by Tyrepress Editors

Yokohama Initiates Patent Proceedings Against Hangzhou Zhongce

The fortunes of Hangzhou Zhongce in the US have received another blow. Only seven months after the beginning of the now notorious Foreign Tire Sales recall of the company’s Westlake, Compass and YKS branded tyres, the Chinese manufacturer is facing legal action regarding the tread pattern used on some of the tyres it produces.

On January 17 the Yokohama Rubber Company filed an intellectual property infringement complaint with the Miami office of the Florida Southern District Court. The document filed by Yokohama claims that Hangzhou Zhongce has copied the tread pattern design from its S.drive tyre range, a design patented in the US by Yokohama in November 2005. The alleged copycat tyres are marketed under the Sumo brand name, the private brand belonging to Singapore’s Stamford Tyres, and the models in question are the Sumo Firenza ST-08 and Sumo Akina ST-08.

23rd January 2008/by Tyrepress Editors

Who Wears the Trousers?

Editorial/Comment, News, UK News

The subject of grey marketing raises the hackles of wholesalers and manufacturers alike, with each blaming the other for its existence. So imagine my surprise when Kumho UK managing director, Steve Tidmarsh tackled the subject head-on, telling delegates at November’s Tyre Wholesaler’s Group (TWG) lunch that it is “the manufacturers who drive the grey market.”

4th December 2007/by Chris

Michelin and Kirkby Settle Copyright Dispute

Kirkby Tyres & Wheels has agreed to end the distribution of a number of Double Coin brand tyres that Michelin claimed infringed the French manufacturer’s intellectual property rights. According to the agreement, Kirkby will cease distribution of the tyres and also remove all versions of “Michelin-copyrighted content” from its websites within an agreed period of time. In return Michelin is dropping its legal action for “infringement and other issues.”

In May Michelin informed the media that it was filing suits against tyre dealers selling the Double Coin brand because of tread patterns similar to those on Michelin truck tyres. The French tyremaker had previously (in December 2005) alerted more than 5,000 tyre dealers that while the treads may look the same on both tyres, the look-alikes may not deliver the same grip or longevity as an authentic Michelin tyre.

23rd November 2007/by Tyrepress Editors

Counterfeit ContiTech Drive Belts Seized and Shredded

In ContiTech’s second recent success against product piracy, roughly 19,500 counterfeit drive belts and packages with ContiTech labelling were seized by customs authorities in Malta and then destroyed upon release by the courts. The counterfeits entered the Mediterranean country along with other automotive aftermarket fakes via container shipment. “To underscore our determination to rigorously pursue product piracy, we took legal action in this matter at our own expense and had the fakes destroyed,” said Jürgen Grefe, head of automotive aftermarket sales in the ContiTech Power Transmission Group. At the beginning of November the counterfeits were tossed into a gigantic shredder and reduced to rubber shavings.

As reported in early November, ContiTech has stepped up its efforts to curtail trade in product forgeries. The company intends to send a strong message, a move it believes in the interest of consumer protection. “As a rule phoney products are not made of the same material and do not exhibit the same quality workmanship as ContiTech drive belts. If a belt tears, this could result in costly engine damage,” commented Grefe, citing the reason for taking this step.

21st November 2007/by Tyrepress Editors

Former Caribbean Tyre Workers Protest

Former workers of defunct tyre company Dunlop have protested for the payment of outstanding severance packages. The workers were laid off in 1995 by then owner of the company, Caribbean Tyre Factory. To date, the workers have only received 70 per cent of their severance.

Earlier this year, the Industrial Court ordered the US-based Carlisle Tire and Rubber Company, which took over operations from the Caribbean Tyre Company, to pay more than $10.6 million in outstanding benefits with a February 23 deadline.

However, Carl Kelly, a former manager at the tyre company, said that Carlise Tyre and Rubber Company claimed that local insurance company CLICO was still responsible for the payment of the workers. They are now threatening legal action against CLICO.

More than 240 people are reportedly affected by the dispute.

8th October 2007/by Tyrepress Editors

Chinese Govt Defends tyre Quality

In response to legal action initiated by US tyre importer Foreign Tire Sales, China’s official quality control organisation, the General Administration of Quality Supervision, Inspection and Quarantine, has spoken in defence of Hangzhou Zhongce Rubber.

“There should no worries about tyres made in China,” commented Wang Xin, a senior official with the government body. He further added that the tyres were “qualified to be sold in the US.” Xin’s comments are in line with those expressed by Hangzhou Zhongce, who state that their own inspections have not found any of the faults reported by Foreign Tire Sales, and that none of the company’s other US customers have expressed concerns about the reliability of the tyres they purchased.

The controversy surrounding the Foreign Tire Sales case has sparked a wider debate on Chinese imports into the US, with some calling for tighter restrictions on what is allowed into the country.

18th July 2007/by Tyrepress Editors

Goodyear Release Statement Regarding Ledbetter Lawsuit

In light of the widespread media attention the pay discrimination case involving former Goodyear employee Lily Ledbetter has received, the US tyremaker has been prompted to release a statement outlining the company’s position on the matter. The statement reads as follows:

First and foremost, let us assure you that Goodyear has a long-standing policy prohibiting discrimination in employment and pay.

Goodyear encourages associates to report concerns as soon as possible, so they can be fairly reviewed and remedied. It’s easiest and simplest to correct a problem early, before it grows into a bigger problem years later. We encourage you to access our compliance policies.

Second, there are just a few facts from the case we’d like to highlight. Goodyear presented evidence at trial supporting Ms. Ledbetter’s pay level. During her employment, she had two extended layoffs and was not eligible for pay increases those years. In other years, Goodyear showed that Ms. Ledbetter and lower-rated male supervisors received comparable increases. Like most companies, pay increases at Goodyear are based on performance. In fact, there was a judicial finding of no discrimination with respect to the merit increases Ms. Ledbetter received in the years just before she took an early retirement.

26th June 2007/by Tyrepress Editors

US Court Backs Goodyear in Pay Discrimination Case

A ruling handed down by the US Supreme Court has set a precedent limiting employees’ ability to sue an employer for pay discrimination in cases relating to decisions made years earlier. The court decided in a 5-4 ruling on a case centred upon the application of deadlines for complaining about discriminatory pay decisions that it would become too difficult for employers to mount a defence against any claims “arising from employment decisions that are long past.”

The plaintiff, Lilly Ledbetter, instigated legal action against Goodyear Tire & Rubber based upon her claims that after 19 years of employment at the company’s facility in Gadsden, Alabama she was earning US$6,000 a year less than the lowest-paid male employee performing the same work. Ms Ledbetter argued that her gender was the primary causal factor for this pay inequality, which she claimed been ongoing for a number of years. A jury initially made a decision in Ledbetter’s favour and awarded her $3.8 million, later reduced to $360,000.

31st May 2007/by Tyrepress Editors

Take the Strain out of Moving Tyres with Mace

The days when employees could put their back into a job are long gone, and workplace safety regulations have instead resulted in companies fearing employees putting their backs out. Mace Industries Ltd supply a valuable range of equipment that can help employers avoid workplace injuries and the costly legal action that can result from such events. Of particular interest to those in operating in the tyre trade is the Uni-Loada Tyre Lift, a conveyor belt that can rapidly transport tyres and other products from ground to mezzanine level. And according to Mace Industries’ Tony Mace, the Uni-Loada can be moved and set up in a matter of seconds, making it a convenient addition to the workplace.

Demonstrating the merits of the Uni-Loada at Brityrex, Tony Mace and his colleagues loaded the unit with large quantities of tyres to show how easily the Uni-Loada could shift them upstairs. The Uni-Loada’s 13 amp two-speed electric drum motor, which can move the conveyor belt at between 20 and 26 metres a minute, made light work of the tyres. In fact if required the Uni-Loada can move up to 1200 items in a single hour.

16th May 2007/by Tyrepress Editors