- December 17, 2014 at 2:07 pm #69936Kanged_OneParticipant
Hardware Labs Sues EU Distribution Giant Caseking GmbH for Trademark Infringement.
December 16, 2014
Hardware Labs Performance Systems, Inc, PC liquid cooling pioneer and manufacturer of the Black Ice® NEMESIS® Advanced PC Radiators, recently filed a trademark infringement case against Raijintek Co. Ltd., and Raijintek’s exclusive European distributor Berlin-based -Caseking GmbH.
The complaint in a German court, cites that Caseking GmbH and Rajintek Ltd. allegedly acted in bad faith, and in collusion, to infringe on Hardware Labs’ registered trademark NEMESIS® by deliberately importing, marketing, distributing and retailing a CPU cooler bearing the registered trademark.
It is further alleged that Raijintek CEO (sic) Tony Sahin not only infringed on the brand NEMESIS® but misrepresented that ofRaijintek Ltd Germany’s existence as a German company, in violation of German Competition laws. Caseking, with its named principal directors Toni Sonn and Kay Kostadinov, is alleged to have acted with full knowledge of the trademark status of NEMESIS®, yet continued to market and distribute products bearing the infringing mark, even long after being notified of the infringement.
Aggravating matters is the inherent conflict of interest as Caseking GmbH has also been a distributor and reseller for Hardware Labs’ products for over 8 years across the EU.
Hardware Labs managing director Wilbert Yuque remarked. “Upon discovery of the infringement, Hardware Labs immediately offered them a temporary license to transition their brand -they refused. Yet (they) continued the use of our marks in trade and promotions with seeming impunity…” He further stated, “Protecting our intellectual property is just as important as the integrity of those who represent us. It is unfortunate that we have now exhausted all amicable means to resolve this matter, and that our erstwhile partner, Caseking -the exclusive distributor of Rajintek in the EU, have simply displayed difficulty in doing what is morally right, and professionally competent.”
The complaint also indicates that numerous instances of NEMESIS, NEMESYS, and TISIS [NEMESIS] litter the web as clear evidence of the respondents’ efforts to dilute Hardware Labs’ registered trademark.
Commercial trademark infringement is a criminal offense in Germany, punishable by fines and/or prison terms of up to 5 years.
Caseking GmbH is a majority owned company by Equistone Partners Europe.
Hardware Labs Performance Systems, Inc., a Philippine-based manufacturing company, is one of the longest standing companies in the high performance PC liquid cooling industry with its pioneering Black Ice®, Black Ice® GTS®, Black Ice® GTX®, and top performing Black Ice® NEMESIS® Advanced PC radiators.
Black Ice®, GTS®, GTX®, and NEMESIS® are registered EU trademarks of Hardware Labs Performance Systems, Inc. Other trademarks are properties of their respective owners.December 24, 2014 at 4:08 am #83728PM_DMNKLRParticipant
Ok, I’m confused here. The Hardware Labs Nemesis is a series of liquid cooling radiators, wherein the Raijintek Nemesis is an air-cooling CPU cooler. Precisely what’s the trademark infringement here? In fact, the Raijintek actually more closely resembles the Deepcool Assassin (aka the Alpenfohn K2), but that’s likely because that’s pretty much what it is. I also had no idea that Tony Sahin is the CEO of Raijintek, considering after all of my correspondence with him, he’s only presented himself as a representative for them, nothing more, and he’s always been a pretty cool and upfront guy with me. Plus, he’s in Germany and the headquarters for Raijintek is in Taiwan. He’d be the first CEO I’ve ever known of to not live in the same country as the company they’re in charge of.
Personally, I see this going nowhere. I’ve not seen any trademark infringement (you can’t even trademark the word “nemesis”, btw), and see Hardware Labs as butt-hurt trademark trolls.
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