Packaging technology
CycleFill" paper dispenser banned by court
Once again, a German court has prohibited a competing product of the copyrighted paper dispenser "SpeedMan Classic".
The "SpeedMan Classic" is a successful paper filling system for the reliable protection of shipping goods with environmentally friendly recycled paper. The system was developed by the traditional manufacturer Sprick from Bielefeld, which has applied for a patent for the innovative paper filling system and had the product and brand protected throughout the EU several years ago. After Sprick successfully took legal action against a German competitor's infringement of property rights last year, a supplier from the Netherlands has now also been prohibited from manufacturing and selling the "CycleFill" paper dispenser by the Düsseldorf Regional Court. The court considered it proven that the "CycleFill" product is an unlawful imitation of the "SpeedMan Classic", which infringes the rights of the plaintiff Sprick.
Once again, the decision also strengthened the legal validity of the original manufacturer Sprick's property right: the competitor's counterclaim for a declaration of nullity was dismissed. The judgment is not yet final with regard to the obligation to pay damages and provide information and is provisionally enforceable against provision of security. The competitor had refused to issue a cease-and-desist declaration, forcing Sprick to take legal action.
Oliver Schmidt is the sales manager responsible for Sprick's filling and upholstery systems. The systems are developed and produced exclusively in Germany. "The ruling is further confirmation of our position that our property rights must be observed and that the production and sale of the CycleFill dispenser is illegal," said Schmidt after the ruling was handed down. "In addition, the court decision orders the supplier of the CycleFill product to provide information about its customers, which it had stubbornly refused to do until the end. We understandably have an interest in CycleFill users being informed about the unlawful use of the dispenser."
Among other things, paper manufacturer Sprick specializes in filling and padding systems based on recycled paper. The paper for the SpeedMan systems has been awarded the Blue Angel for particularly environmentally friendly products. Further new developments in design and mechanical engineering from Sprick were recently presented at the world's leading trade fair for logistics and supply chain management in Munich.
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