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Posts Tagged ‘auto lawsuits’

It Ain’t Easy Being Green! Honda Sued Due to Soy Wire Covering

Rodents chewing through covering, damaging wires underneath.

by on Feb.10, 2016

Honda's Crosstour is a favorite among hungry mice, rabbits and other rodents.

Everyone seems to be focused on being greener these days, including automakers. However, those efforts may have a downside: rats!

Honda has been slapped with a class-action lawsuit because the soy-based coating it uses as wire covers on its vehicles is attracting rodents who are dining on the green covering and causing some vehicle owners thousands of dollars in repairs.

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The automaker moved to the coating because it is biodegradable and less expensive than plastic; however, the green munchers are climbing under hoods and chewing through the soy covering and causing all kinds of problems. (more…)

Save the Earth Sues Honda for Trademark Violation

Green marketing runs over property rights in a complex case?

by on Dec.29, 2009

“American Honda merely depicted the commonly used expression ‘save the earth’ in our Civic ad."

An environmental marketing company, Save the Earth Enterprises, has sued American Honda Motor Company and its advertising agency, Rubin Postaer & Company, for allegedly using its “Save the Earth” trademark without permission in an advertising campaign for the Honda Civic.

The lawsuit, filed in U.S. District Court in San Francisco, seeks to recover Honda’s profits from the ad campaign and to stop future use by Honda of the Save the Earth trademark.

“The Honda ad campaign confused people into thinking that we endorsed Honda or were affiliated with Honda. We aren’t affiliated with them and don’t endorse them,” said Save the Earth Foundation president and founder, Neal Pargman in a statement.

Such claims will have to be  proven during an actual legal proceeding. And not surprisingly there are two very different versions of what is in contention here. Honda says the ads used the phrase “save the earth.” Save the Earth says, not so, the ads prominently depicted people wearing its trademarked t-shirts.

TheDetrotiBureau.com has thus far been unable to view the advertisement in question. We do note, however,  that Honda does not have the commercial available on its website, otherwise we would link to it and let you decide.

Can a phrase be a trademark?

Pargman says that he has been selling merchandise bearing the Save the Earth trademark since 1972 and holds a U.S.-registered trademark. He claims that Honda’s commercial, “showing several uses of Save the Earth trademark,” used the Foundation’s trademark without permission.

Honda ignored “cease-and-desist” letters from the Foundation, Karl Olsen, the attorney representing  Pargman told TheDetroitBureau.com.  “Litigation is not something we take lightly,” said Olson. “We tried to work it out, but we were left with  no choice.”

With all companies now trying to portray themselves as “green” this matter of the commercial use  of a trademark that involves environmental claims is larger than this particular case. Green marketing claims as they increase will likely come under closer scrutiny in matters similar to this one.

“American Honda merely depicted the commonly used expression ‘save the earth’ in our Civic ad to communicate the concern for the environment felt by many people who purchase fuel efficient and low emission vehicles,” Jeff Smith from Honda told me.

Suits!

“We are surprised and disheartened to learn that the plaintiff is attempting to claim sole ownership of a phrase which for decades has been a popular message employed in everyday use by environmentally conscious individuals and organizations around the world, as well as on numerous radio and television commercials and on many types of merchandise, including t-shirts,” he claimed.

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Chrysler Walks Away From Lawsuit Liability

GM may also emerge immune to past liability claims.

by on Jun.24, 2009

Chrysler and GM together face nearly 3,500 lawsuits a year for death and injuries allegedly resulting from product defects. Post-bankruptcy, they'll be able to walk away from those claims previously filed.

Chrysler and GM together face nearly 3,500 lawsuits a year for death and injuries allegedly resulting from product defects. Post-bankruptcy, they'll be able to walk away from those claims previously filed.

Just mention the term, “plaintiff attorneys” in automotive circles and watch how everyone flinches.  Big Three executives have, over the years, often claimed that liability and other lawsuits can add hundreds, even thousands, of dollars to the cost of a new vehicle.  While hard data aren’t easy to come by, there’s no question that the industry is often hit by multi-million dollar verdicts when juries find fault with vehicle designs or manufacturing defects alleged to have caused injuries or death to motorists and passengers.

While the auto industry has been less successful than the medical professions in getting liability limits enacted into law, the newly-reformed Chrysler appears to have found an alternative, if temporary reprieve likely to save it many millions of dollars.

When the automaker recently emerged from bankruptcy protection, and its remaining assets were put under the control of Italy’s Fiat, this new Chrysler was exempted from liability not only to existing lawsuits but to legal action that might arise in the future involving vehicles built before June 10th, the day of the sale.

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