The Pep Boys chain of automotive stores has lost its bid for an injunction against the Goodyear Tire & Rubber Co. now that a federal judge has found that Goodyear’s new “Fortera” line of tires does not infringe on the trademark for the “Futura” line of tires sold by Pep Boys.
Senior U.S. District Judge Lowell A. Reed Jr. found that while the two brand names are visually and auditorily similar, they are also distinct because Goodyear’s advertisements always include the company’s name and Mercury flying foot logo more prominently than the Fortera name.
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