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STATEMENT PRIMA 100
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19/12/2005 |
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Statement PRIMA 100
Statement given by Carl Bro a|s on 5 October 2005
Carl Bro has the right to the mini falling weight deflectometer PRIMA 100
The Maritime and Commercial Court (in Copenhagen) has on the 20th inst. decided that Keros represented by Ole Rahbek Christensen and Dynatest International A/S shall cease to produce, market and distribute mini falling weight deflectometers as the mini falling weight deflectometer PRIMA 100, and that Keros represented by Ole Rahbek Christensen and Dynatest International A/S shall cease to use the name of PRIMA for mini falling weight deflectometers. The ceasing of production, marketing and distribution of mini falling weight deflecometers shall end on 30 April 2006. Keros represented by Ole Rahbek Christensen and Dynatest International A/S have agreed to this decision.
At the same time, the Court has decided that Keros represented by Ole Rahbek Christensen shall pay damages to Carl Bro a|s. To this shall be added that Keros represented by Ole Rahbek Christensen and Dynatest International A/S shall pay legal costs to Carl Bro a|s.
Moreover, in its proposed settlement the Court dismissed the counterclaims set up by Keros represented by Ole Rahbek Christensen and Dynatest International A/S.
As a more detailed reason for the Court’s decision, the Court finds it indisputable that Carl Bro a|s has under all circumstances started using the name of PRIMA 100 as a trade mark as of 1998 and has thus obtained the right to it as a trademark.
Furthermore, the Court applies that Carl Bro a|s during the period from 1997 to the spring of 1999 developed the mini falling weight deflectometer PRIMA 100, partly as a prototype and partly through further development work, so that it was in all essentials fully developed in the spring of 1999.
The Court states that Carl Bro a|s had obtained the rights as regard technique and design to the falling weight deflectometer as it was presented in the spring of 1999, and that the development of the mini falling weight deflectometer has represented a considerable contribution from Carl Bro a|s.
Keros has, after having started the production of falling weight deflectometers, made some modifications to the product, but in the opinion of the Court, these modifications are not crucially market relevant in relation to the falling weight deflectometer developed and today produced by Carl Bro a|s.
The Court thus finds that Keros’ and later also Dynatest’s production of the falling weight deflectometer must to a certain extent be regarded unjustified.
The claim for damages against Keros represented by Ole Rahbek Christensen and Dynatest International A/S will be determined on the basis of the unjustified marketing, production and distribution of the mini falling weight deflectometer and use of Carl Bro references and the name PRIMA.
The proposed settlement of The Maritime and Commercial Court (in Copenhagen) of 20 September 2005 is attached.
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