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WOMANIZER Wins Legal disputes Against EIS GmbH

By on October 13, 2017

The Munich District Court I has once again decided in favour of „womanizer“ (Epi24 GmbH/ Novoluto GmbH) in two legal disputes against EIS GmbH.

Both companies are part of the Womanizer Group Management GmbH registered in Berlin, Germany.

First judgement
With the judgement in the first instance dated 03.08.2017 (file no.: 17 HK O
5006/17), the Munich District Court ordered EIS GmbH to refrain in the course of
trade from advertising with an advertisement, including the statement “Satisfyer
engages public prosecutor´s office against womanizer.”

The court agreed with the opinion of „womanizer“ that such a statement
appears to create the incorrect assumption that „womanizer“ had behaved
unlawfully. In doing so, the esteem held for “womanizer” is degraded with
respect to its entrepreneurial quality or products.

Johannes von Plettenberg, managing director of the Womanizer group, said:
„We are pleased that German courts are not permitting such behaviour in the
form of an untrue degradation of our products and are sanctioning them
appropriately.”

Second judgement

In the final judgement dated 22.05.2017 from Munich District Court I (file no.: 4
HK O 5114/17), the court confirmed the interim injunction dated 06.04.2017
against EIS GmbH and granted „womanizer“ injunctive relief.

The reason for the action taken against „womanizer“ was the statement made
by EIS GmbH in the course of trade, “Our own technology, which is already
protected in Germany“, with which EIS GmbH advertised for its pressure and
contact vibrators using the name “Satisfyer.”

In contrast to „womanizer“ with its protected Pleasure Air technology, EIS GmbH
cannot present any protection covered by patent law. In this respect, the court
agreed with „womanizer“ and ordered EIS GmbH to refrain from making untrue
statements in the course of trade.

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