May/June 2019

PE Report
Appeals Court Rules in Favor of ‘Tire Engineer’ Company

The US Court of Appeals for the Fifth Circuit reversed a lower court decision in a case involving a company that said its rights were violated by a Mississippi law prohibiting the use of the title “engineer” by businesses that aren’t licensed to practice engineering.

The appeals court ruled on February 19 that the district court erred in its ruling in favor of the Mississippi Board of Licensure for Professional Engineers and Land Surveyors and rendered a judgment in favor of Express Oil Change.

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 stepped in. The board notified the company that it was violating state law, which prohibits use of the term “engineer” in a commercial identification, title, or name, unless the individual or company is licensed to perform engineering services. The licensing board said that the company’s use of the term was misleading to the public.

Express Oil Change, an Alabama company with nine service centers in Mississippi, filed a lawsuit claiming that the licensing board misinterpreted the law and infringed on the company’s First Amendment rights. In February 2018, a federal district court upheld the board’s actions against the company, rejecting the free speech and trademark rights claims in the case. 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 Tire Engineers is likely to deceive and mislead consumers to believe that services are provided by a recognized group of qualified engineers working to design tires in the transportation industry. The company appealed the decision in May 2018.

NSPE signed onto a “friend-of-the-court” brief that argued that the use of the term “tire engineer” to describe auto service mechanics is misleading, and that “tire engineer” has a well-established meaning: a professional engineer with specialized knowledge and experience working with tires. The American Council of Engineering Companies and the American Society of Civil Engineers also signed onto the brief.

NSPE believes that state licensing laws for design professionals are predicated upon and justified to protect the public health, safety, and welfare. The public is best served by the licensing of all qualified individuals within the engineering profession.