Following the Sept. 28 report that Kingdom Auto Parts (KAP) had announced a favorable early ruling in its defense against a lawsuit brought by litigation with Tenneco Inc., aftermarketNews has since learned more details about the case.

Tenneco filed an initial complaint against KAP on Jan. 31, alleging copyright and trademark infringement, unfair competition and other claims with respect to its Monroe Quick-Strut product numbers and installation instructions, which were found on products sold by KAP. In addition, on May 12, Tenneco sought the extraordinary remedy of asking the court to preliminarily order KAP to stop using the Monroe Quick-Strut mark and unique product numbers before the Court even conducted the trial.

According to court records, KAP stated that it had complied with this request and removed Tenneco’s unique part numbers and the installation instruction documents from its products. Having done that, despite Tenneco having come forward with what the Court deemed “convincing evidence” that KAP had intentionally copied the Monroe Quick-Strut design and part numbers, the Court declined to award a preliminary injunction. However, Tenneco has been granted permission by the court to file a second amended complaint to re-allege its claims that KAP is liable for the unauthorized use of Tenneco’s Monroe Quick-Strut mark, and to cure its since dismissed copyright infringement claim. Tenneco also filed an appeal on the Court’s decision not to award a preliminary injunction.

“We believe the evidence presented to date clearly demonstrates that KAP infringed on Tenneco’s intellectual property,” Tenneco said in a written statement. “We will continue to aggressively pursue this matter and others to protect our customers from potential losses and possible dangers associated with products that are misrepresented in the market.”

Tenneco filed its second claim on Oct. 2. A mediation hearing is scheduled for Oct. 31.