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Windtech International January February 2024 issue

 

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The Bielefeld District Court in Germany ruled in favour of Svendborg Brakes A/S in a copyright infringement and unfair competition law suit filed against a competitor concerning the protection of the original Svendborg brakes.

Alleging that the competitor had unlawfully copied the design of four Svendborg brakes and had also unlawfully used the corresponding copyright-protected technical drawings in a catalogue, Svendborg Brakes instituted legal proceedings and asked for a preliminary injunction against the further marketing of four imitated brakes and the further use of 30 technical drawings. In its ruling of 2 August 2010 (docket no. 4 O 466/10), the Bielefeld Court acknowledged Svendborg Brakes' claims. The decision enjoins the competitor from further offering the brakes in question on the German market if they are designed as pictured in the decision. Further, the competitor is no longer allowed to use the corresponding technical drawings in Germany. Svendborg Brakes will immediately execute the decision regardless of whether or not the competitor exercises its right to appeal it before the Court of Appeal.
 
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