medmix successfully stops counterfeit dental mixing tips from entering Indian market
medmix asserts trademark rights to protect quality and consumer safety
medmix has been active for decades on the Indian market with its distinctive-looking and well-known Candy Color™ dome-shaped MIXPAC™ dental mixing tips and Candy Color intra-oral tips.
Imitations of those MIXPAC products were recently offered for sale in India by Denmax International (Importer/Distributor) and Hoivo Dental World (Wholesaler). medmix quickly took legal action seeking a permanent injunction and damages against both infringers before the High Court of Delhi for trademark infringement/ passing off based on its well-known and prior-registered MIXPAC mixing tips and intra-oral tips.
This action protects customers from confusing MIXPAC products with potentially-dangerous counterfeits of unknown origin, not made to medmix’ quality standards in its modern robotic clean room factory in Switzerland, and not benefitting from medmix’ guarantees.
The infringers were dishonestly using identical shapes and colors for their dental mixing tips and intra-oral tips in order to create confusion on the market as to the source of these products for users, dentists and customers:
Legal actions and Outcome
The High Court of Delhi took into account the slavish imitation by the infringers of the distinctive visual appearance of the medmix products and the secondary meaning attributed to medmix’ Candy Colors and its rights in the dome-shaped mixing tips. As a result, the Court issued a preliminary injunction to stop the infringers from manufacturing, selling, distributing, advertising and offering for sale the disputed dental mixing and intra-oral tips or any product that bear medmix’ Candy Colors and the dome shape.
Also, thanks to the High Court directing a search action at the warehouses/premises of the infringers, a huge quantity of the disputed products was inventoried, and this information was presented to the Court.
Both infringers then entered into settlement talks with medmix and have now, in addition to several undertakings and declarations, accepted the preliminary injunctions as a final binding decision, and they have changed their business models to become distributors of only authentic MIXPAC brand dental mixing tips and intra oral tips in India.
medmix Switzerland Ltd. operates globally in the field of static mixing tips, cartridges, and dispensing devices for the dental sector. Genuine MIXPAC tips can be identified by the MIXPAC™ name stamped on the retaining ring and the CANDY COLOR Quality Seal.
Photo credit: medmix Switzerland AG, reproduction free of charge
MIXPAC™, ™, T-MIXER™, CANDY COLORS™ are trademarks of medmix Switzerland AG
medmix is a trademark of medmix AG
About medmix
medmix is a global leader in high-precision delivery devices, with leading positions in healthcare, consumer and industrial end-markets. Our customers benefit from our dedication to innovation and technological advancement that has resulted in over 900 active patents. Our 14 production sites worldwide together with our highly motivated and experienced team of nearly 2’700 employees are at service of 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
Inquiries:
Media Relations, medmix: communications@medmix.com
Investor Relations, medmix: investorrelations@medmix.com
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.