Cambridge, U.K. – UK based prepress company Hamillroad Software has successfully defended its IP in a trademark dispute with German printing firm, Druckhaus Haberbeck. The settlement clears the way for the relaunch of Auraia DMS Screening in Germany.
In March 2016, Druckhaus Haberbeck claimed a trademark infringement in Germany and issued a cease and desist action against the use of Auraia by Hamillroad's German distributor. Hamillroad supported its distributor and defended the matter up to the point that the Regional Court of Bielefeld dismissed the claim in March 2017.
In parallel with these actions, Hamillroad initiated legal proceedings against Haberbeck for the illegal use and validity of their trademarks. In November 2017, the German Patent and Trademark Office cancelled one of Haberbeck's trademarks on the grounds of deceptive use. The matter is under appeal by Haberbeck.
Following the loss in Bielefeld, Haberbeck appealed the original court’s ruling and took the case before the Higher Regional Court of Hamm.
On the 23rd January 2018, two days before the appeal hearing, Haberbeck agreed to settle all the pending legal trademark actions. The settlement includes both legal costs and compensation, paid to Hamillroad and their German distributor.
Andy Cave, Hamillroad’s CEO commented on the settlement: “This dispute should never have gone to court in the first place as it was clear from the outset that there was no case to answer. We tried on numerous occasions to settle with Haberbeck, but they insisted on pursuing the legal proceedings. We prefer not to engage in court action, but if someone tries to attack us (or breaches our IP) we will defend ourselves and, if we must, take the matter to court, no matter who it is, how long it takes or what it costs."
Cave continues: “The legal proceedings put a pause on our Auraia DMS business in Germany, resulting in a negative impact on our German partner’s sales. We are pleased to have finally closed this chapter and are happy to confirm that we have re-opened the door for new business in Germany.”
Auraia DMS is Hamillroad’s implementation of their patent protected Digitally Modulated Screening technology for offset / lithographic printing.
To learn about Auraia DMS, please visit http://www.hamillroad.com/products/auraia/.