Cincinnati-based Tire Discounters, Inc. sued Jack Williams Tire & Auto Service Centers over the use of the “out the door with more” slogan.
In the federal lawsuit, Tire Discounters says it has a federal trademark on the slogan when it comes to selling tires. According to the suit, Tire Discounters has been using the slogan since 2002, registered the slogan with the U.S. Patent and Trademark Office in 2003, and its registration became incontestable in 2009.
Tire Discounters claims that Jack Williams’ use of the slogan will cause confusion among customers, and has asked the court to order Jack Williams to stop using the slogan and to turn over its profits since using it — including treble damages allowed by federal law.
The filing of this suit shows that companies must perform due diligence in all aspects of marketing and branding their business and products — even with something that might seem as innocuous as a catchy slogan.