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

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.

“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.