As a result of a hearing before a regional court in Cologne, Germany at the end of September, ERNI Electronics withdrew its law suit against the Harting Technology Group.
The details of the case are as follows: At the end of 2010, Harting introduced its newly developed har-flex product series, billed as a space-saving, rugged and flexible solution for a wide range of board-to-board and board-to-cable applications in SMT technology. Harting contends that the series enables more freedom in system design for international customers due to its variety of different heights and omplete range of contact numbers.
In order to prevent marketing of the products in Germany, ERNI Electronics GmbH filed a suit with the Cologne Regional Court with reference to UWG, a special German law on unfair competition. ERNI claimed that sales of the har-flex product family Harting had developed would be inadmissible due to the design, which was said to present a likelihood of confusion. ERNI took legal action in order to prevent sales of the har-flex product series.
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However, a court hearing has now unconditionally affirmed Harting in its view that the unambiguous labeling of the har-flex products and the product information on the har-flex family with the Harting logo leave no room for doubt regarding the manufacturer. Harting views the labeling as a reliable promise of quality for the customer.
As a result of the hearing, ERNI has withdrawn its law suit according to the court's instructions. ERNI also did not question the legitimacy of the international marketing of the Harting har-flex product series; it likewise was uncontested that Harting observed all patents and other industrial property rights when developing the har-flex product series. The course of the hearing and the withdrawal of the suit by ERNI Electronics GmbH bring the action to a close.
"We are pleased that our arguments prevailed in the Cologne proceedings," commented Dr. Alexander Rost, Managing Director at Harting Technology Group. "The hearing has made it very clear that even further objections will not allow the competition to stop the products of Harting's har-flex family."
