UPDATE: DuPont Has Won Nomex(R) Trademark Infringment Case
DuPont (NYSE: DD) announced today that the District Court of The Hague in the Netherlands has ruled against protective garment manufacturer, R.J.N. DALMEIJER BEHEERMAATSCHAPPIJ B.V., which also does business under the name DAPRO SAFETY, and some of its trading partners in a trademark infringement case regarding the DuPont™ and Nomex® trademarks.
DuPont is the registered owner of the DuPont™ and Nomex® trademarks, and inventor of flame resistant Nomex® brand fiber used in fire protective garments, among other applications.
In its ruling (Case No. C/09/372600 / HA ZA 10-2759), the Court ordered DAPRO SAFETY to stop all infringing use of the Nomex® trademark in The Netherlands, Belgium and Luxembourg; the DuPont™ trademark in the European Union; and the DuPont™ Nomex® trademark in India and the United Arab Emirates, where defendants had an active presence trying to sell counterfeit protective garments to end users – thereby putting the purchasers at potential risk.
The Court further ordered DAPRO "to have destroyed the total amount of infringing products still in its stock." DuPont also was awarded the legal fees and damages, of which calculation is still pending. The ruling comes after a recent similar judgment by Malaysian courts in a counterfeiting case.
"DuPont is resolute in defending our global trademarks," said Marc Doyle, president, DuPont Protection Technologies. "We are pleased by the decision of the court following several years of our pursuing this misconduct and it should serve as a warning to companies that misrepresent their products. The safety of those who rely on our technology to protect themselves is at stake."
DuPont™ Nomex® fiber has offered thermal protection around the world for decades. Workers across industries including manufacturing, chemical, and oil and gas, as well as emergency response and armed forces personnel depend on its thermal protection to help keep them safe. Late last year, DuPont introduced Nomex® MHP, extending the brand by taking on new thermal hazards and offering manufacturers optimized multi-hazard protection for their personal protective equipment. In addition to personal protection, Nomex® is used in mass transit systems, wind energy, transformers, filtration, hoses and aircraft.
Creating awareness around the risk of using infringing products remains a priority for DuPont.
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