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UK prepress tech firm wins settlement in Germany

UK-based Hamillroad Software has successfully defended its intellectual property (IP), a digitally modulated screening software for print, following a dispute with a German printing company.

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The appeal was due to be heard at The Higher Regional Court in Hamm, Germany

In March 2016, Druckhaus Haberbeck claimed a trademark infringement in Germany, against Hamillroad’s German distributor and issued a cease and desist action against the use of Auraia DMS screening, the firm’s patent protected digitally modulated screening technology for offset and litho printing. Hamillroad supported its distributor and defended the matter until the claim was dismissed by the Regional Court of Bielefeld in March 2017.

At the time of the claim, Hamillroad initiated legal proceedings against the German firm for the illegal use and validity of its trademarks. In November 2017, one of Haberbeck’s trademarks were cancelled on the grounds of deceptive use, which is still under appeal by the firm.

This dispute should never have gone to court in the first place

Haberbeck continued to appeal the original court’s ruling and took the case to the Higher Regional Court of Hamm. Two days before the appeal hearing, scheduled for January 25th, 2018, Haberbeck agreed to settle all pending legal trademark actions, which included both legal costs and compensation paid to Hamillroad and its German distributor.

Andy Cave, chief executive officer at Hamillroad comments: “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.

“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.”

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