Xoxide, Inc. v. Ford Motor Co.

MEMORANDUM AND ORDER REGARDING DEFENDANT FORD MOTOR COMPANY’S MOTION TO DISMISS

I.

INTRODUCTION

On April 3, 2006, Plaintiff Xoxide, Inc. d/b/a MustangTuning.com (“Xoxide”) filed suit in this Court seeking a declaration that Xoxide’s business names, web address, telephone number, products, and practices were not infringing on Defendant Ford Motor Company’s (“Ford”) registered and protected trademarks. Xoxide’s Complaint followed a series of exchanges between the parties initiated by a January 26, 2006 cease and desist letter from Ford to Xoxide explaining to Xoxide that it was violating Ford’s trademark rights. Shortly after being served with the complaint in this matter, Ford acted upon the alleged infringements that were not amicably resolved and on May 16, 2006 it filed suit against Xoxide in the Eastern District of Michigan its choice of forum- — alleging trademark infringement of the same marks and involving the same parties as are at issue in this case.

Ford now seeks to dismiss Xoxide’s action in this Court on the grounds that Ford is the true plaintiff since it is the holder of the trademarks at issue. Ford sent to Xoxide various cease and desist letters, and it engaged…