IPS Structural Adhesives recently announced it has successfully concluded its lawsuit against Mayer & Mayer Handels gmbH. The commercial court in Vienna, Austria, reportedly found an infringement of IPS’ EUTM 9 698 762 SCIGRIP and granted its application for injunction, accounting, disclosing the distribution channels of the infringing goods and publication of judgment. Only the application for destruction of the remaining infringing products was dismissed as there was reportedly no proof that Mayer & Mayer still possessed such goods at the end of the first instance proceedings.
The lawsuit was initiated in March of 2014 after IPS became aware that Mayer & Mayer, a former customer of IPS, was engaged in ongoing sales of SCIGRIP adhesives in Europe. Customer complaints about these SCIGRIP adhesives sold by Mayer & Mayer and the cooperation of one of these customers with IPS made it possible to file the lawsuit against Mayer & Mayer. In its judgment the court came to the conclusion that Mayer & Mayer either used a wrong, counterfeit, or expired original adhesive component for its deliveries to this customer under the SCIGRIP brand. The court ruled mostly in favor of IPS in July of 2015. Mayer & Mayer’s subsequent appeals against the judgment to the higher regional court of Vienna and to the supreme court were not successful. The commercial court’s judgment became final in June 2016.
As the next step, IPS will seek financial compensation from Mayer & Mayer for the infringement of its SCIGRIP trademark.
For more information, visit www.scigrip.com.