DAN MARGOLIES Columnist

Weld Racing wins one suit, files another

No sooner did Weld Racing Inc. prevail in one suit than it filed another.

Right on the heels of a $1.59 million jury verdict it won in a breach-of-warranty suit, the Kansas City-based maker of high-end forged wheels sued Harley-Davidson Motor Co. Group Inc. in a trademark infringement action.

First, the verdict: After a six-day trial, a Jackson County jury on Aug. 25 found in favor of Weld in its action against another local company, Gragg's Paint Co.

Weld, which was founded by former Indy 500 racer Greg Weld, sued over a liner supplied by Gragg's for Weld's chemical-filled steel tanks. The liner, sold under the brand name PolySpec, was supposed to prevent corrosion caused by the chemicals used in Weld's chroming process.

The lining failed, resulting in delays in the chrome line and scrapped wheels. Weld refused to pay Newton Painting, which applied the liner, and Newton sued Weld for nonpayment. Weld countersued, and brought Gragg's in as a third-party defendant.

The case against Newton was resolved before trial, with Newton paying Weld an undisclosed sum. The case against Gragg's, however, proceeded to trial and the jury found it liable for negligent misrepresentation, breach of express warranty and breach of implied warranty.

"The jury determined that Gragg's was responsible for representing that the product would work and it didn't," said Weld's attorney, Norm Siegel of Stueve Siegel Hanson Woody LLP. "It's as simple as that."

The attorney who represented Gragg's, Joe Roper of Foland & Wickens, declined to comment.

Weld's suit against Harley-Davidson, filed in federal court in Kansas City three days after the jury verdict, concerns its Evo trademark, used in connection with the company's forged wheels. Earlier this year, Weld claims, Harley-Davidson demanded that Weld stop using the mark, asserting that it was confusingly similar to Harley-Davidson's Evolution mark.

Saying that the Evo mark differs from Harley-Davidson's Evolution mark "in appearance, sound, meaning and commercial impression," the lawsuit asks the court to rule that Weld's use of Evo will not result in dilution of Harley-Davidson's Evolution mark.

"We thought it was fairly frivolous on their part to say we couldn't even use the name Evo when we only manufacture wheels and they only use Evolution with regard to their engines," said Greg Weld, president and chief executive of the company.

Harley-Davidson officials could not be reached for comment.

Weld Racing is one of the fastest-growing wheel manufacturers in the country. With 325 employees, the 25-year-old company is looking to move from its current West Bottoms home to more spacious quarters.