Düsseldorf - A German court has once again prohibited a product in direct competition with the SpeedMan Classic paper dispenser (which is protected by copyright).
The SpeedMan Classic is a successful paper filling system which reliably protects products earmarked for shipping with environmentally friendly recycled paper. The system was developed by Sprick, a traditional manufacturer based in Bielefeld, Germany which registered the innovative paper filling system for patent. The company had already ensured protection of the product and brand throughout the EU a few years ago. Following successful action taken by Sprick last year against an infringement of proprietary rights by a German competitor, the manufacture and sale of the CycleFill paper dispenser by a Dutch provider have now been legally prohibited by the Landesgericht Düsseldorf (District Court). The court considered the accusation that the CycleFill was an illegal imitation of the SpeedMan Classic and, consequently, violated the rights of the plaintiff Sprick to be proven.
Simultaneously, this ruling also strengthened the validity of the property right of Sprick, the original manufacturer once again, and a counterclaim of the competitor seeking the nullification of this decision was rejected. The verdict is not yet legally binding with regard to the obligation to pay compensation, being provisionally enforceable on posting of a surety bond. The competitor declined to make a cease-and-desist declaration, so Sprick felt obliged to take legal action.
Oliver Schmidt is the sales manager responsible for Sprick filling and cushioning systems. These systems are developed and produced exclusively in Germany. “This verdict once again confirms our position, namely that our proprietary rights should be respected and that the manufacture and sale of the CycleFill dispenser is impermissible”, explained Schmidt following the judgement. “In addition, the court decision also ordered that the provider of the CycleFill product should provide information regarding its customers, something which it stubbornly refused to do right up to the last minute. It's perfectly understandable that we would be interested in informing users of the CycleFill about the illegal usage of the dispenser.”