DLA Piper acted on behalf of Samsung Electronics GmbH to lift a temporary injunction obtained by Dyson AG in January 2018 from the District Court of Düsseldorf.
The injunction prohibited Samsung from making certain advertising statements for battery-powered vacuum cleaners. As some of the prohibited statements were also on the packaging this led to a de facto ban on the sale for the battery-powered vacuum cleaner.
In two separately submitted objections, DLA Piper was able to achieve the lifting of the temporary injunction imposed by the ruling of the District Court. In the first of the two partial objections, Samsung was able to convince the District Court of Düsseldorf that the misrepresentation claimed by Dyson had no substance. In the second partial objection proceedings, the District Court of Düsseldorf determined the two further statements should not be prohibited due to lack of urgency for an injunction. While Dyson submitted appeals against the revocation of the two injunctions to the Higher Regional Court of Düsseldorf, the Higher Regional Court agreed with and upheld the decisions of the District Court, confirming both revocations.
This is a significant decision for Samsung against a direct competitor in the important growth market of battery-powered vacuum cleaners.
The DLA Piper Team consisted of partner Dr Burkhard Führmeyer (Picture) and counsel Dr Fabian Klein (both IPT, Frankfurt).
At Samsung, the proceedings were handled by Dr Stefan Laun (General Counsel) and Christian Hönscheid, LL.M. (Director Legal).
Law Firms: DLA Piper;
Clients: Samsung Electronics;