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27 August 2019TrademarksSaman Javed

Volkswagen targets ‘shoddy’ car parts retailer in TM suit

The Volkswagen Group has filed a trademark infringement and dilution suit against a car parts retailer, which it says is selling “shoddy goods” and passing them off as genuine.

In a complaint filed on August 23 at the US District Court for the Central District of California, Volkswagen said California-based BK Motorsport was selling counterfeit products bearing the Audi and VW trademarks.

The car maker also accused the retailer of false designation of origin.

Volkswagen said BK Motorsport’s aims to “convey the false impression” that its goods come directly from Audi and VW, or that they are sponsored or licenced by Volkswagen.

In particular, it said BK Motorsport was selling automotive grilles and badging bearing counterfeits of several Audi and VW trademarks.

In its complaint, Volkswagen said that in January 2019, it conducted a test purchase of a grille from bk-motorsport.com, all of which incorporated the Audi and VW Marks. It said that none of these goods had been authorised by Volkswagen.

It said the sale of the allegedly counterfeit goods is likely to cause potential purchasers to believe Volkswagen and BK Motorsport are associated.

It also said BK Motorsport’s actions prevent Volkswagen from exercising quality control over counterfeit goods.

“If the goods are shoddy or the unauthorised manufacturer makes shoddy goods in the future, the public will come to believe that Volkswagen no longer maintains high standards for its exemplary products,” the filing said.

Volkswagen asked the court for a permanent injunction enjoining BK Motorsport from using its trademarks.

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