XPEL Files Lawsuit against Foreign Competitors for Trademark Infringement

January 4th, 2017 by Katherine Coig

In a recently filed court document, San Antonio, Texas-based Xpel Technologies Inc., suppliers of paint protection film (PPF), filed a lawsuit against Carlas International Automobile Accessory Limited (Carlas) and Guangzhou Suizhong Auto Accessories Co. Ltd (Suizhong) for trademark infringement in the Western District of Texas San Antonio Division on December 28, 2016.

A side-by-side comparison of the Defendants’ booth at 2016 SEMA, alongside Xpel’s booth at 2016 SEMA. Photo is courtesy of the court document.

According to the lawsuit, the two foreign competitors have used Xpel’s registered trademark as their own, which was trademarked by the company in December 2008. The document states, “Upon information and belief, Defendant Carlas and Defendant Suizhong (collectively “Defendants”) are related entities and/or are working concert with each other in the business of marketing and selling aftermarket automotive paint protection products, which products bear trademarks that are confusingly similar to the Xpel Marks.”

On July 30, 2014, Carlas purchased $85,000 USD worth of Xpel products (bearing the company’s trademark) from the company’s location in San Antonio, according to the lawsuit, confirming that Carlas was a previous customer of Xpel. However, Xpel didn’t discover the similar trademark until at the 2016 SEMA show in November.

The document reads, “While at the 2016 SEMA Tradeshow, Xpel discovered that Defendants were marketing and selling aftermarket automotive paint protection products, including the automotive aftermarket paint protection film similar to those products sold by Xpel, but was marketing them under the trademark “XPPF” which is confusingly similar to the Xpel Marks.”

Xpel believes the similar trademark will likely confuse consumers and lead them to believe the Defendant’s product is related to the company’s, or be used as a way to market to Xpel customers. The document alleges that the Defendants use the trademark on their packaging, as well.

Xpel has requested a trial by jury. No comment has been issued by the Defendants.

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  1. The defendant can now also advertise under Expel key word on Google if he likes.If one takes this problem up with Google they turn a blind eye to this unfair business practice.When Google first launched, their slogan was ”We do no evil”, These type infringement must be stopped. Owners of companies can work their buts off for decades building a brand and any new player can come into the industry and advertise on Google under your brand and misrepresent the market place.
    I would really appreciate your thought and comments on this huge problem. Leon Levy Klingshield South Africa

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