medmix Switzerland Ltd. continues to enforce its rights
April 8, 2022
medmix Switzerland Ltd., formerly known as Sulzer Mixpac Ltd., operates globally in the field of static mixing tips, cartridges and dispensing devices for the dental sector. In recent times, substantially identical copies of the static mixing tips for two-component cartridges and syringes have been increasingly discovered. These copies from other manufacturers are not subject to medmix’s strict quality controls and are therefore not covered by its warranty. In the interests of its clients, medmix will continue to take legal steps against all such copies.
With its ruling back in 2010, the Cologne District Court decided many years ago that the mixing tips forming the basis of our complaint represent unfair copies of the MIXPAC™ brand mixing tips and result in an avoidable deception with respect to the commercial origin (Court ref.: 33 O 306/09). This decision was also then confirmed in the second instance by the Cologne Higher Regional Court with its 2011 ruling (Court ref.: 6 U 189/10).
medmix has continued to successfully enforce these rights over the years in many dozens of court actions against, or out-of-court settlements with, slavish imitators of its mixing tips as well as to effectively enforce its patent, trademark or other IP rights against certain infringing-colored mixing tips in many countries, such as Germany, Italy, India, Japan, Brazil, the US and the United Kingdom.
Despite these measures, in the years 2020/2021, further unfair slavish copies of the mixing tips were discovered and action was taken. For example, in Germany, as well as by take downs of infringing ads on on-line marketplaces, such as eBay, AliExpress, Made-in-China and Alibaba based on medmix’ s trademark rights. In 2021 alone, 569 listings have been enforced on-line to-date already against 252 sellers.
Just prior to the IDS, it was discovered that an exhibitor, Topdent GmbH of Hamburg, Germany, an affiliate of Topdent Co.,Ltd. of Shanghai, China, was offering five different slavish imitation copies of medmix’ s various distinctive Candy Color dental mixing tips. Topdent GmbH agreed to settle the dispute by signing a cease & desist undertaking concerning these mixing tips and to render an accounting of their infringing sales and a reimbursement of medmix’ s legal costs just before the start of the IDS.
At the IDS 2021 itself, due to unfair competition, two preliminary injunctions were obtained from the Cologne District Court against various providers of slavish copies of medmix’ s mixing tips during the IDS 2021, by which inter alia the offering, advertising and marketing of these copied mixing tips for the dental sector were prohibited. Both infringers, one based in Turkey and the other based in Italy, have now accepted the preliminary injunctions as a final binding decision and have changed their business models to become distributors of only authentic MIXPAC brand dental mixing tips.
medmix is committed to protecting its products and customers from damages of counterfeit products. Genuine MIXPAC tips can be identified by the MIXPAC name stamped on the retaining ring and the CANDY COLOR™ Quality Seal.
medmix is a trademark of medmix AG, and transcodent, MIXPAC, COX, and MK are trademarks of Sulzer Mixpac AG, a company of the medmix group.
MIXPAC, T-MIXER™, CANDY COLORS are trademarks of medmix Switzerland Ltd., Switzerland. medmix is a trademark of medmix Ltd.
medmix is committed to protecting its products and customers from damages of counterfeit products. Genuine MIXPAC tips can be identified by the MIXPAC brand name stamped on the unique-looking dome-shaped CANDY COLOR coupling and the CANDY COLOR Quality Seal.
medmix is a global leader in high-precision delivery devices. We occupy leading positions in the healthcare, consumer and industrial end-markets. Our customers benefit from a dedication to innovation and technological advancement that has resulted in over 900 active patents. Our 13 production sites worldwide together with our highly motivated and experienced team of 1’900 employees provide our customers with uncompromising quality, proximity and agility. medmix is headquartered in Baar, Switzerland. Our shares are traded on the SIX Swiss Exchange (SIX: MEDX). www.medmix.swiss
medmix and its logos are trademarks belonging to medmix AG. T-MIXER, MIXPAC, and CANDY COLOR are trademarks belonging to medmix Switzerland AG.
Sandra Marcinkeviciute, Marketing Manager Dental
Phone +41 79 441 73 96, Sandra.firstname.lastname@example.org
This document may contain forward-looking statements including, but not limited to, projections of financial developments, market activity, or future performance of products and solutions containing risks and uncertainties. These forward-looking statements are subject to change based on known or unknown risks and various other factors that could cause actual results or performance to differ materially from the statements made herein.