High Court dismisses third-party claim in Timken bearing suit

USS ordered to pay $15,000 in costs as Timken’s trademark claim remains pending.

The High Court has struck out United Shipping Services’ (USS) attempt to bring ST Engineering Aerospace Systems (STEAS) into a trademark infringement suit filed by US bearings manufacturer Timken.

USS was ordered to pay STEAS $15,000 in costs and disbursements for the striking-out application and dismissal of the third-party proceedings, according to a ruling dated 5 August.

Timken alleges USS infringed its trademarks by importing and selling counterfeit bearings to STEAS and the Republic of Singapore Air Force (RSAF), and by providing falsified Timken certificates.

STEAS had bought the bearings for use in RSAF aircraft, whilst USS sought to make it share liability if the company were ultimately found liable for trademark infringement.

USS argued that STEAS had responsibilities to verify the authenticity and conformity of aircraft parts and had accepted and installed bearings supplied by USS without initially raising concerns.

The court rejected the contribution claim, finding that USS had not pleaded facts showing how STEAS itself would be liable to Timken for trademark infringement or for the same damage allegedly caused by USS.

It also rejected USS’s joint-tortfeasor claim, finding no pleaded facts showing that STEAS had procured or induced USS to commit the alleged infringement.

The ruling does not decide Timken’s underlying trademark infringement claim against USS, but only USS’s attempt to pursue contribution and joint liability against STEAS.

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