The suit seeks an injunction and damages, as well as $763,375 Nissan said the store owes for 25 vehicles it bought in 2021 and another $152,994 it said the ex-dealership owes for parts, tools and services.
According to the complaint, Ed Corley Nissan also has failed to pay the 1 percent monthly delinquency charge under its sales and service agreement.
The suit, filed Aug. 10 in federal court, alleges Ed Corley Nissan illegally used Nissan’s trade and service marks at the site of its former store and in its email address, advertising and website address.
“In doing so, it improperly conveyed to consumers that it remained an authorized Nissan dealer” and “intentionally created and is likely to continue to create confusion and mistake among the public, customers, prospective customers, creditors, suppliers and/or others to deceive them,” the suit said.
In a statement, a Nissan spokesman said the company “has made considerable investments in our brand. We always want to ensure that when customers see the Nissan name, they will have a positive sales and service experience. As such, we limit the use of our trademarks only to active Nissan dealerships or other authorized users, and, when necessary, we will take action to protect the Nissan brand.”
Neither a lawyer nor a representative for the former dealership could be reached for comment.
