Stuttgart District Court has allowed the claims asserted by Moldex-Metric AG & Co. KG concerning the sale by Chinese manufacturer Yangzhou Moldext Trading Co. Ltd. of protective facemasks that infringe its trademark by using the brand name “Moldext”. A preliminary injunction specifically prohibits the importing into, offering, placing on the market or advertising of the counterfeits and packaging in the European Union (File Ref. 17 O 465/20).
The recently established Chinese manufacturer infringed the trademark “MOLDEX” by importing large numbers of protective facemasks and packaging labelled “Moldext” into the European Union and supplying these products to several distributors in various Member States. The masks were also sold directly through the German website of e-commerce site ‘alibaba.com’. In addition to the trademark infringement, the masks do not meet the advertised safety standards or classifications in laboratory tests.
Moldex-Metric AG & Co. KG is a subsidiary of Moldex Inc., USA. and manufactures high quality protective personal equipment, including protective facemasks. The high demand for such masks triggered by the Corona virus has led to a marked increase in counterfeit products.
Menold Bezler advised and represented Moldex-Metric AG & Co. KG in the trademark action concerning the counterfeit products. Following extensive research and testing, the renowned brand manufacturer also asserted the claims under trademark law to injunctive relief, the provision of information and compensation against several distributors in the EU.
Relevant areas of practice for