Xpel Files Amended Complaint against Foreign Competitors

February 8th, 2017 by Katherine Coig

There’s a third party that has been added to the lawsuit for trademark infringement that San Antonio, Texas-based Xpel Technologies filed against foreign competitors Carlas International Automobile Accessory Limited (Carlas) and Guangzhou Suizhong Auto Accessories Co. Ltd. (Suizhong), collectively known as “Defendants.”

In a recently filed court document, Xpel has added Guangzhou Carlas Car Accessories Co. Ltd. (GC Car). It is still in Xpel’s belief that the parties are related and/or are working in concert with each other and are marketing and selling paint protection films (PPF) that bear strong resemblance to Xpel’s trademarked logo.

Xpel noticed the similar trademark while at the 2016 SEMA Show; the competitors were selling and marketing PPF under the mark “XPPF,” which, according to the complaint, is confusingly similar to the “XPEL” trademark.

The plaintiff is requesting jurisdiction in the Western District of Texas San Antonio Division. The document reads, “Personal jurisdiction is proper in this district because Defendants have solicited and conducted business within the State of Texas via its marketing and sales of infringing goods and acts of dilution. Defendants’ products have been inserted into the stream of commerce and directed towards Texas, amongst other places. Defendants have marketed the infringing products on the internet in San Antonio, Texas and have sold the infringing goods in San Antonio, Texas. Defendants’ wrongful actions have damaged Xpel within the State of Texas.”

The Defendants operate several Facebook pages marketing the “XPPF” mark, which Xpel believes will give a false impression that the Defendants’ products are related or are affiliated with Xpel. “As reflected by posts by customers on the Carlas Wrap Factory Facebook, there are instances of actual confusion as to who the source of the products being sold by Carlas and/or its affiliation with Xpel,” the lawsuit claims.

In addition to trademark infringement, Xpel has added several counts to the lawsuit:

“Count II: Federal Unfair Competition, False Designation of Origin, Passing Off and False Advertising under the Lanham Act;

Count III: Dilution under Texas Business & Commerce Code 16.103;

Code IV: Unfair Competition under Texas Common Law;

Code V: Passing Off under Texas Common Law”

Xpel is requesting a trial by jury on all issues. The Defendants have yet to respond to the lawsuit.

This article is from Focus on Film, the weekly e-newsletter that covers the latest news regarding window film and related products, including paint protection film. Click HERE to sign up—there is no charge. Interested in a deeper dive? Free subscriptions to Window Film magazine in print or digital format are available. Subscribe at no charge HERE.

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  1. A very expensive exercise indeed. They will all loose and the lawyers will win in the end in my opinion, Been to this party before and seen the outcome of this type of lawsuit. Enjoy the fight and make sure you have cut men in your corners.
    Leon Levy klingshield South Africa

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