Due to the apparently hopeless position, the FSC has withdrawn the appeal in the case of trademark infringement FSC vs. eurobinia at the 4th of February 2011. For this reason the FSC accepts the judgement of the first instance. The FSC was restrained by the action. (weiterlesen…)
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After having examined the appeal of the FSC and the reply to defence appeal of eurobinia, the higher regional court of Braunschweig answered with a indicative court order. It shows that senate intends to dismiss the FSCs appeal. The reasons stated are the fact that FSCs appeal will not have chances of success. (weiterlesen…)
Because the FSC appeals against the judgement of the district court Braunschweig, eurobinia has to answer the appeal. The FSC tries its luck with the argumentation he would be a well known brand. (weiterlesen…)
As already expected, the FSC has appealed against the judgement in the legal action of FSC versus eurobinia | Gerriet Harms e.k.. The previously presented amendment by the FSC led one already to assume that step. (weiterlesen…)
Near the deadline within the FSC is allowed to lodge an appeal, the FSC asks for a correction of the judgement of the 24.09.2010. The FSC asks the court to mention in the judgement that the name and the figurative mark of the FSC is a well known trademark. Alternatively it shall be mentioned that according to the statement of the FSC it is about a well known trademark. If the FSC really can be designated as a well known trademark remains to be seen. (weiterlesen…)
“All Information are true”-thats the way the district court of Braunschweig assesses our campaign against the FSC.
Now the decision of the district court Braunschweig is on hand in written form. In it the case of the FSC is clearly dismissed. Again and again the district court Braunschweig confirms that the used logo was used in a clearly marked way, therefore no missuse in terms of competition law took place. In all used forms the representation of of the distorted logo doesn’t leave any scope of interpretation. The statement to distance oneself from the FSC and its products is seen by the court as clear and expressive. (weiterlesen…)
Finally! The judgement of the district court Braunschweig is pronounced, so the results can be published. (weiterlesen…)
One week ahead of the decision of the court the FSC has sent a statement regarding the hearing of 1st of september. The FSC is asking the court to reconsider the legal foundation of his decision mentioned in the hearing. Again the FSC tries to present the facts in the way as eurobinia wants to benefit from the reputation and the publicity of the FSC. This approach is still absurd. Obviously the FSC cannot imagine that somebody critics him just by conviction. The FSC always assumes that everyone wants to profit from him. Is it blindness or arrogance?
The letter of the FSC is available for download here:
At 1st of September the hearing regarding the trademark infringement FSC A.C. versus eurobinia | Gerriet Harms took place. The FSC was represented during that hearing by advocate Jankowski and advocate Dr. Osnabrügge. As respresentive of FSC A.C. Mr. Wieschalla attended the the hearing with power of authority.
The defendant was represented by Mr. Gerriet Harms (eurobinia) and advocate Munderloh.
At the hearing the legal position was extensively discussed, all parties were able to comment the facts of the case.
With regard to contents we would like not to comment the hearing yet, we would like to wait for the pronouncement of a judgement. The district court Braunschweig has placed the pronouncement of judgement to the 24th of September. Immediately after the publication we will report here again.
To see the record of the hearing please click here:
Near to the date of hearing at the 1st of september 2010 the FSC handed in another statement to the defence pleading of eurobinia. Again the FSC based its legal action and its claim on the opinion eurobinia is solely using the distorted FSC logo trying to promote its own products, but not issuing noticeable critics.
How the FSC comes to such an conclusion is incomprehensible.
As well the subliminal accusation the press release would be a mean for advertising of eurobinias products is not supportable. According to our perception the press release is merely used for the purpose of information regarding the ongoing legal action and its background. An advertising purpose regarding sale of own products is absurd.
For further information please find here the download of the statement of the FSC: