Nissan North America is suing a terminated Gallup, N.M., dealership for its continued unauthorized use of the producer’s logos, service marks and signage.
The trademark infringement, breach of contract and unfair commerce practices go well with alleges Ed Corley Nissan refused to offer entry to the premises to take away indicators, and the ex-dealership “bought used Nissan autos and marketed them on the market” on the identical location.
The franchise termination took impact in Could 2022. Nonetheless, a Google search confirmed that Ed Corley Nissan nonetheless has LinkedIn, Instagram and Fb pages. As well as, Corley Nissan LLC remains to be listed as an energetic company on the New Mexico Division of State web site.
The go well with seeks an injunction and damages, in addition to $763,375 Nissan mentioned the shop owes for 25 autos it purchased in 2021 and one other $152,994 it mentioned the ex-dealership owes for elements, instruments and companies.
In keeping with the criticism, Ed Corley Nissan additionally has didn’t pay the 1 % month-to-month delinquency cost below its gross sales and repair settlement.
The go well with, filed Aug. 10 in federal courtroom, alleges Ed Corley Nissan illegally used Nissan’s commerce and repair marks on the website of its former retailer and in its electronic mail tackle, promoting and web site tackle.
“In doing so, it improperly conveyed to customers that it remained a certified Nissan seller” and “deliberately created and is prone to proceed to create confusion and mistake among the many public, prospects, potential prospects, collectors, suppliers and/or others to deceive them,” the go well with mentioned.
In a press release, a Nissan spokesman mentioned the corporate “has made appreciable investments in our model. We at all times wish to be sure that when prospects see the Nissan title, they’ll have a constructive gross sales and repair expertise. As such, we restrict the usage of our logos solely to energetic Nissan dealerships or different approved customers, and, when crucial, we’ll take motion to guard the Nissan model.”
Neither a lawyer nor a consultant for the previous dealership may very well be reached for remark.