Ford takes on California company in TM suit

Ford Motor Company has taken on Intermotive, a California-based manufacturer of vehicle control systems, in a trademark claim.

In a lawsuit filed at the US District Court for the District of Eastern District of Michigan, Ford accused Intermotive of trademark infringement, false designation of origin, and unfair competition.

According to the claim, Intermotive alleged trademark infringement in March 2016, but now Ford has hit back.

Ford provides retail customers with after-sale vehicle services and products through its dealer networks and other channels, including vehicle sales for “upfit” applications.

Vehicle “upfitting” involves customisation of a vehicle for a wide variety of applications, including public safety, emergency response, and specialised transportation applications.

In March last year, Ford announced that some of its vehicles would include an “upfitter interface module” and a software package that would enable “upfitters” to better interface the electrical system of Ford vehicles with “upfits”, said the claim.

Intermotive then contacted Ford, alleging trademark infringement.

According to the suit, Intermotive met Ford in May 2016, and the vehicle control systems manufacturer demanded payment of a $75 royalty for each vehicle featuring Ford’s “upfitter interface model”.

Then, in July, Ford wrote to Intermotive, stating that the alleged trademark “described the function of a module that acts as an interface to an ‘upfit’ component with the vehicle”.

Intermotive owns the trademark ‘Upfitter interface module’ at the US Patent and Trademark Office.

Ford is seeking cancellation of the mark, because it’s “merely descriptive” and Intermotive provided “false and misleading misrepresentations of affiliation with various vehicle manufacturers”, according to the motor company.

That’s not the end of the complaint—Ford has claimed that during its investigations of the allegations of infringement, Ford learned that Intermotive’s software displayed the ‘Ford Oval’ trademark.

In its July letter, Ford demanded that Intermotive stop using the mark, but according to the claim, Intermotive substituted the ‘Ford’ trademark in its place.

Ford is seeking injunctive relief, destruction of infringing material, and damages.

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