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New hearing ordered in trademark infringement case Friday, Oct 20, 2006 Arkansas News Bureau LITTLE ROCK - The 8th U.S. Court of Appeals in St. Louis on Thursday reinstated a trademark infringement case involving Mid-State Aftermarket Body Parts, which has offices in Springdale, Jonesboro and Bryant. A three-judge panel of the 8th Circuit reversed a lower court ruling that dismissed the case and ordered a new hearing. In 2002, the company, a distributor of aftermarket automobile parts purchased from various vendors, advertised that it had Manufacturers' Qualification and Validation Program (MQVP) parts available. MQVP Inc., a for-profit company, approached Mid-State about securing a license to use the MQVP service mark and to participate in the program. When Mid-State declined, MQVP asked that the company stop using the MQVP service mark. Mid-State declined and continued to use the mark, but started telling customers that it was not a participant in the program. MQVP Inc. filed a lawsuit alleging trademark infringement. Mid-State argued no one should be prevented from buying a quality aftermarket part just because someone puts a different label or packaging on that part. The auto body parts company also said its statement "MQVP parts available" was true because it bought qualified parts from MQVP-participating manufacturers. After a hearing, U.S. District Judge Leon Holmes agreed with Mid-South and granted summary judgment. In Thursday's ruling, Chief Judge James B. Loken said the "many uncertain and outright disputed issues of material facts that permeate the chaotic record in this case persuade us that summary judgment was improperly granted." |
