News

Texas Truck Equipment Manufacturer Wins $2.1 Million in Trade Dress Infringement/False Advertising Lawsuit Against Competitor

Fort Worth, Texas – Feb. 13, 2008 – On January 15, 2008, a Tarrant County jury vindicated BrandFX’s claims that Astoria Industries of Iowa used unlawful means to compete with BrandFX. BrandFX alleged that Astoria took impermissible and ultimately unlawful design short-cuts, including the use of BrandFX’s design drawings, to manufacture a knock-off work topper. BrandFX also alleged that Astoria’s “Dare to Compare” advertisement was nothing more than a smear campaign designed to disparage BrandFX and its products.

On February 7, 2008, the Trial Judge entered Final Judgment against Astoria for $2.1 million. The Trial Judge concluded that Astoria committed trade dress infringement and false advertising under the Federal Lanham Act, along with Texas common law misappropriation. The Trial Judge also concluded that Astoria’s conduct was so egregious that it warranted an award of attorneys’ fees to BrandFX in excess of $400,000.

"The evidence of Astoria’s wrongdoing was clear. Astoria ripped off our work topper design and repeatedly made false statements about BrandFX, even after I asked Astoria to stop. The Verdict and Final Judgment justify my decision to protect BrandFX and the results of my 20-plus years of research and development," said Lee Finley, Owner of BrandFX Body Company. Lee Finley with service body

“The result of this lawsuit underscores a fundamental principle in America--that society will not tolerate unethical and unlawful competition,” commented Hugh Connor, counsel for BrandFX. Mr. Connor and Michael Anderson from the Kelly Hart & Hallman law firm represented BrandFX at trial.

Mr. Finley, a native of Vancouver, B.C. Canada, began in the truck body industry in 1969 selling truck mounted equipment, including fiberglass bodies to B.C. Hydro and other western Canadian utilities. After years of frustration with the existing body manufacturers, he began designing a new fiberglass body in 1979. This new design would eliminate the leaking, cracking, warping and weight issues prevalent with the then current designs. After four years of testing in the harsh western Canadian environment Mr. Finley established manufacturing in 1984 in Swea City, Iowa.

BrandFX Body Company currently manufactures lightweight utility truck equipment for the utility and contractor markets. Their lightweight products greatly reduce emissions released into the environment by reducing fuel consumption. The company currently operates over 600,000 square feet of manufacturing space and employs more than 450 people.

In 2007 BrandFX became certified to ISO 9001:2000 with design, and continues to focus on the research and development of fuel-efficient, environmentally friendly, utility equipment.

BRANDFX INTRODUCES NEW EASY OPENING HANDLE BrandFX Body Company has developed in collaboration with OEM Designs a new easier opening door handle and latch system for use in its fuel efficient, composite service bodies and line bodies.

The new handle and latch system features an ergonomically designed black thermoplastic pull handle and external faceplate with ample and comfortable access for tough working hands. Even while wearing gloves, the new handle system is easy to grip, operate, and is tailored for the needs of commercial operators. The handle lends added aesthetic appeal to the strong and durable line up of BrandFX truck bodies.
The new system also offers a time saving push button lock that provides convenient security, allowing the user to lock the doors without a key. Offered with a two bit key system, designed to work with special cylinders such as the strattec code-able lock technology lock.

BrandFX plans to introduce the new handle and latch system in their full offering of service bodies and line bodies as standard equipment in the fall 2007.

WAY TO GO, ISO

BrandFX Body Company is now ISO 9001:2000 Certified. After an extensive evaluation of our manufacturing facilities, functions, products, and services our team has set in place high standards to provide consistent, quality and service for our customers. We are fully committed to this continual process of review and assessment, and proud of our dedicated employees for their hard work and commitment. We would like to thank our customers for supporting BrandFX and making it all possible, way to go TEAM!

New Silhouette Contoured Composite Service Body Offers Streamlined, Spacious Storage

Fort Worth, Texas - Brand FX Body Company has expanded its line of composite Silhouette Contour Bodies™ to include the Silhouette Contour Body™ 60" CA (cab-to-axle dimension).

The Silhouette Contour Body, part of the Fibre Body™ line of lightweight fiberglass truck bodies, caps, and toppers, is also available in a 40" CA, and a 56" CA. Compared to conventional service body designs, the Silhouette provides more enclosed storage space for tools, equipment, and materials. Large door openings afford easy access to stored items, and an ultra-efficient gasket design creates a watertight seal that eliminates the need for drip rails. The contoured sides provide aesthetic appeal while also enhancing the vehicle's efficiency, maximizing fuel economy.

"This is the first FRP service body in which aesthetics and functionality are equal partners," said Gary Heisterkamp, Brand FX president. "The aerodynamic design promotes good fuel economy by reducing air drag, and gives the vehicle a custom, integrated appearance that can elevate a fleet's contemporary image. And of course, this new body conveys all of the benefits of FRP construction, including long-term corrosion resistance and a 30% to 40% weight-savings versus steel."

Further, composite bodies such as the Silhouette typically outlast the chassis they're mounted on, enabling transfer to a new truck when the time comes, for double or triple the service life.

Brand FX Adds Rolldeck™ Sliding Truck Bed With 1200-lb. Cargo Capacity to Product Offering

Fort Worth, Texas - Brand FX Body Company has added Rolldeck™, a sturdy sliding truck bed, to its already broad product offering. Rolldeck offers a proven 1200 pound load rating - one of the highest in the industry.

Rolldeck can support this 1200 pound load because of its heavy-duty construction. Unlike some other models in the marketplace, Rolldeck has been fully load tested in the field to exceed this capacity, which means its strength and reliability are practically guaranteed. Beefy construction extends to the steel side frames with tie-down holes and powder coating finish for corrosion and scratch resistance. The strong, ½ " ACX exterior-grade plywood decking comes standard with a texture-coating or with an optional carpet covering. In addition, Rolldeck can be easily and securely installed in truck beds, featuring heavy-duty 3/8" mounting bolts.

In addition to robust construction is the fact that Rolldeck features twice the number of bearings as comparable sliding truck beds (20 total), offering not only unmatched load support, but also the easiest gliding action in the market. Fully extended, Rolldeck offers complete access to three sides of the cargo, offering more efficient use of the truck's storage space. Because Rolldeck loads easily from the outside, safety is enhanced because there will be fewer injuries incurred during loading or unloading.

Brand FX to Open Industry's Largest Composite Utility Truck Body Plant

Fort Worth, Texas - Brand FX Body Company has announced the acquisition of a 178,000 square foot manufacturing facility on 24 acres in Pocahontas, Iowa. The company expects to begin building its lineup of composite service bodies and pickup-truck Toppers and Inserts there by the fall of 2004.

Once renovations are complete, the Pocahontas operation will be the largest, most automated composite service body plant in the industry -- and by a wide margin. The plant's square footage exceeds the production space of all other fiberglass service body manufacturers combined. Its equipment will include a CNC 5-axis router, CNC laser, and other new CNC metal-cutting and bending machines incorporating the latest technologies. These and other high-efficiency provisions will enable Brand FX to manufacture on a production-line basis -- an industry first -- while maintaining the levels of quality its products are known for.

Headquartered in Fort Worth, Texas, Brand FX Body Company designs, manufactures, and installs multipurpose composite service bodies, line bodies, toppers and inserts for medium and heavy-duty applications and pickups. Its product line includes Fibre Body™ fiberglass service and line bodies, GemTop™ steel truck caps, FX Transporter™ and SS Transporter™ multi-purpose truck beds, top-of-the-line Glasstite™ truck caps, and Rolldeck™ sliding truck decks. For more information, contact Gary Heisterkamp, president, at Brand FX Body Company, 10285 North Freeway, Fort Worth, Texas 76177. Fax 817-431-6472. Email gheisterkamp@brandfxbody.com.