Sulzer Mixpac Ltd operates globally in the field of static mixers, cartridges and dispensing devices for the dental sector. In recent times, substantially identical copies of the static mixers for two-component cartridges and syringes have increasingly been discovered. These copies by other manufacturers are not subject to Sulzer Mixpac's strict quality controls and are therefore not covered by its warranty. In the interests of its clients, Sulzer Mixpac Ltd will continue to take legal steps against all such copies.
With its ruling of 12 October 2010, the Cologne District Court already decided that the mixers forming the basis of our complaint represent unfair copies of the product range of Sulzer Mixpac Ltd and result in an avoidable deception with respect to the commercial origin (Court ref.: 33 O 306/09). This decision was also confirmed in the second instance by the Cologne Higher Regional Court with its ruling of 18 March 2011 (Court ref.: 6 U 189/10).
A total of ten interlocutory injunctions due to unfair competition were thus obtained from the Cologne District Court against various providers of copies during the IDS 2011 by which inter alia the offering, advertising and marketing of these copied mixing tips for the dental sector were prohibited. In addition, two further suits were filed against anti-competitive copies of the mixers at the Cologne District Court (Court ref.: 84 O 32/12 und 31 O 160/11) which were delivered to the suppliers of these copies at the IDS 2011. In both cases default judgments in favor of Sulzer Mixpac were issued which have become final.
Despite these measures, in the years 2011/2012 further anti-competitive copies of the mixers were discovered. Therefore a total of ten interlocutory injunctions due to unfair competition were obtained from the Cologne District Court against further suppliers of copies also during the IDS 2013. In addition, against a supplier of modified mixers an action for infringement of Community design 000872007-0005 was filed (Court ref.: 14c O 37/13), which was delivered at the IDS 2013.
We recommend that you will continue to take great care to ensure that you actually do receive the original mixing tips from Sulzer Mixpac since we can only guarantee the proven high MIXPAC quality for original mixing tips.