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The Court's Ruling
A legal dispute between European gear manufacturers Mehler Vario System GmbH and NFM AS over design rights has concluded in favor of Mehler. The Higher Regional Court of Düsseldorf upheld that Mehler's Grid Carrier does not infringe on NFM's design rights, emphasizing the importance of fair competition in a technically governed market.
Who owns the Grid? Two major European gear manufacturers have gotten into a heated dispute over this question, as one claimed to recognize itself and its own design in the other’s gear carrier—we reported on it. Now a (second) verdict has been handed down: Mehler Vario System GmbH, the legal entity operating under the MEHLER PROTECTION brand within MEHLER SYSTEMS, has been successful in the appeal: The Higher Regional Court of Düsseldorf upheld the dismissal of the claims against the allegations made by NFM AS and confirmed that the MEHLER PROTECTION’s Grid Carrier does not infringe the asserted design rights. The Court did not allow a further appeal.
The proceedings focused on the extent to which design protection can be claimed for modular load-bearing systems in a market shaped by technical requirements and industry-wide standards. Taking into account the high density of prior designs in this product segment and the limited design freedom available to manufacturers, the Court concluded that the MEHLER PROTECTION’s Grid Carrier creates a different overall impression and therefore does not infringe the asserted design rights.
“This decision provides important clarity for us, our customers and partners and the market. It confirms that the allegations of design right infringement raised against our Grid Carrier were unfounded and that industry-standard interfaces and functional standards must remain available to all market participants,” said Christian Rödel, Head of Development New Products at MEHLER PROTECTION | Body Armour.
MEHLER PROTECTION welcomes the decision as a confirmation of its legal position and as a contribution to fair competition in a market characterized by technical standards, interoperability and functional requirements.
MEHLER PROTECTION online
NFM AS online
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