Skip to main content
Sister Publication Links
  • European Rubber Journal
  • Plastics News
  • Tire Business
Subscribe
  • Login
  • Register
  • Subscribe
  • News
    • Automotive
    • Tire
    • Non-Tire
    • Suppliers
    • Silicone
    • Online Exclusive
    • Latex
    • Technical Notebooks
    • Executive Action
    • Government/Legal
    • Opinion
    • Rubber Division IEC
    • ITEC
    • Blogs
    • Sustainability
    • Products
    • Wacky World of Rubber
  • War in Ukraine
  • Custom
    • Sponsored Content
    • White Papers
  • Resources
    • Directory
    • Classifieds & Mold Mart
  • Data
  • Events
    • RN Events
    • RN Livestreams/Webinars
    • Industry Events
    • Past Events
    • Rubber News M&A Live
    • 2022 Hose & Belt Manufacturers Conference
    • 2022 International Silicone Conference
    • 2022 International Tire Exhibition & Conference (ITEC)
  • Advertise
  • DIGITAL EDITION
MENU
Breadcrumb
  1. Home
  2. News
November 07, 2014 01:00 AM

Goodyear sues Sears for breach of contract

Miles Moore
  • Tweet
  • Share
  • Share
  • Email
  • More
    Print

    AKRON—Goodyear has filed suit against Sears, Roebuck & Co. and two Sears subsidiaries in Akron federal district court, alleging breach of contract in the matter of nearly 220,000 co-branded tires Goodyear made for sale in Sears stores.

    According to the complaint filed Oct. 27, Goodyear and Sears signed an agreement in 2009 for Goodyear to manufacture co-branded tires to be sold exclusively by Sears. The tires would make use of the Goodyear name, as well as Goodyear's Fuel Max and Fuel Max Technology trademarks and Sear's Weatherhandler trademark.

    On Jan. 5, 2014, Goodyear said, Sears submitted a forecast to Goodyear that Sears would buy more than 330,000 co-branded tires during the year.

    Sears put its tire business out to bid in April 2014, and both Sears and Goodyear personnel expected Goodyear once again to win the bid, the complaint said. During that time, Sears continued to submit 12-month rolling tire supply forecasts to Goodyear, it said.

    However, on June 18, Sears informed Goodyear it had hired a new tire supplier and would accept no more tires from Goodyear, according to the complaint. This left Goodyear with 219,994 co-branded tires that Sears forbade Goodyear to sell, the tire maker said.

    “Sears' refusal to purchase the remaining inventory of co-branded tires constitutes a breach of contract and a breach of the covenant of good faith and fair dealing,” Goodyear said in its complaint.

    The tire maker seeks damages equal to the agreed-upon price of the co-branded tires. Goodyear estimates these damages as more than $18.9 million.

    Goodyear also seeks prejudgment and post-judgment interest on the $18.9 million in damages; $600,000 in damages for Sears allegedly taking improper discounts on the tires, plus prejudgment and post-judgment interest; and all court costs and attorneys' fees.

    A Sears spokesman said the company never comments on ongoing litigation.

    Related Articles
    Goodyear gets LEED Gold certification on headquarters
    Goodyear's third quarter net income, sales slide
    Goodyear exec: EU needs to enforce tire labeling
    Goodyear named a top military friendly employer
    Goodyear to sponsor Cotton Bowl
    Goodyear appoints GM for Middle East/Africa region
    Goodyear wins leadership development award
    Letter
    to the
    Editor

    Rubber News wants to hear from its readers. If you want to express your opinion on a story or issue, email your letter to Editor Bruce Meyer at [email protected].

    Most Popular
    1
    Updated: Conti fined for compound mixer explosion, shears accident
    2
    Kumho on road to zero with sustainable products, operations
    3
    Stakes high as global NR industry urgently seeks alternate supply
    4
    Birla Carbon raising prices on carbon black products
    5
    Denka requests weaker chloroprene classification, but EPA won't budge
    SIGN UP FOR NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please verify captcha.

    Please select at least one newsletter to subscribe.

    Get our newsletters

    Staying current is easy with Rubber News delivered straight to your inbox, free of charge.

    Subscribe Today

    Subscribe to Rubber News to get the best coverage and leading insights in the industry.

    SUBSCRIBE
    Connect with Us
    • LinkedIn
    • Facebook
    • Twitter

    MISSION

    To serve companies in the global rubber product industry by delivering news, industry insights, opinions and technical information.

    Contact Us

    2291 Riverfront Pkwy, Suite 1000
    Cuyahoga Falls,
    OH 44221

    Customer Service:
    877-320-1726

    Resources
    • About Us
    • Digital Edition
    • Staff
    • Advertise
    • Order Reprints
    • Privacy Policy
    • Privacy Request
    • Terms of Service
    • Careers
    • Ad Choices Ad Choices
    • Sitemap
    Partner Sites
    • Tire Business
    • European Rubber Journal
    • Plastics News
    • Plastics News China
    • Urethanes Technology
    • Automotive News
    • Crain Brands
    Copyright © 1996-2022. Crain Communications, Inc. All Rights Reserved.
    • News
      • Automotive
      • Tire
      • Non-Tire
      • Suppliers
      • Silicone
      • Online Exclusive
      • Latex
      • Technical Notebooks
      • Executive Action
      • Government/Legal
      • Opinion
      • Rubber Division IEC
      • ITEC
      • Blogs
        • Products
        • Wacky World of Rubber
      • Sustainability
    • War in Ukraine
    • Custom
      • Sponsored Content
      • White Papers
    • Resources
      • Directory
      • Classifieds & Mold Mart
    • Data
    • Events
      • RN Events
        • 2022 Hose & Belt Manufacturers Conference
        • 2022 International Silicone Conference
        • 2022 International Tire Exhibition & Conference (ITEC)
      • RN Livestreams/Webinars
      • Industry Events
      • Past Events
      • Rubber News M&A Live
    • Advertise
    • DIGITAL EDITION