May/June 2018

PE Report
Federal Court Protects Engineering Title In Mississippi Case

A federal district court recently upheld a Mississippi state law prohibiting the use of the engineering title by individuals and businesses that aren’t licensed to practice engineering.

When Express Oil Change LLC changed the name of its tire sale and service center to “Tire Engineers” in 2015, the Mississippi Board of Licensure for Professional Engineers and Surveyors (MBLPES) notified the company of the violation of state law. The law prohibits any person or business from using the term “engineer” in a commercial identification, title, or name, unless the individual or company is licensed to perform engineering services by the state engineering licensing board.

Express Oil Change filed a lawsuit claiming that the licensing board misinterpreted its governing statutes and infringed upon the company’s First Amendment rights by prohibiting its use of Tire Engineers. The Alabama-based company maintains nine service centers in Mississippi.

In 2017, the MBLPES commissioned a survey to determine if citizens were being misled by the company’s use of the name Tire Engineers and bolster its argument in the lawsuit. The board also submitted evidence in the case that the term tire engineers is used by courts, universities, tire manufacturers, automobile manufacturers, general periodicals, specialized periodicals, and the public to refer to engineers who have expertise in the manufacture, selection, and repair of tires.

Although the company’s website states, “Tire Engineers have tire engineers who are qualified to service customers tires,” the district court concluded that the business name is likely to deceive and mislead consumers to believe that services are provided by tire engineers under the supervision of tire engineers. The use of the business name implies that a recognized group of qualified engineers working to design tires in the transportation industry are there to provide services. The court also rejected the free speech and trademark rights claims in the case.

Express Oil Change has appealed the court’s decision. The Mississippi attorney general has requested that NSPE submit a “friend of the court” brief in the case. The Society believes that state licensing laws for design professionals are predicated upon and justified as a means to protect the public health, safety, and welfare. The public is best served by the licensure of all qualified individuals within the engineering profession.