Court decision: Loders Croklaan must not be “IOI” in Germany
(firmenpresse) - Hamburg, 26.04.2013
Frankfurt’s Court of Appeals was to decide who may use the term “IOI” as company sign in Germany. Hamburg based Imperial-Oel-Import, a family owned supplier of sustainably sourced natural oils, fats and waxes founded 1920, had been using “IOI” as a logo since the 1970s. In 2005 though, Malaysian IOI Group’s subsidiary Loders Croklaan BV started using the company sign “IOI Group Loders Croklaan” and introduced it to their European customer base. This led to irritations with customers and suppliers addressed by both companies. In a decision announced April 4, the Frankfurt court confirmed that Loders Croklaan’s use of the sign “IOI Group” in Germany infringes Imperial-Oel-Import’s prior company rights. Following the verdict, the grounds for the judgment have now been laid down. As both companies are active in similar industries and both signs have a relevant degree of congruence, the court confirmed a risk of confusion and made clear that Imperial-Oel-Import, due to their prior history of usage, has become entitled to exclusively use the “IOI” sign within the industries it is active in. Accordingly, once the verdict has become final, Loders Croklaan is prohibited using their company sign “IOI Group Loders Croklaan” in Germany for conflicting areas like edible oils or nutritional lipids.
Imperial-Oel-Import Handelsgesellschaft mbH, founded 1920 in Hamburg, Germany, serves customers in various markets with a specialized portfolio of sustainably sourced natural oils and waxes. For the food industry, the company’s focus is on premium quality, low oxidized omega-3 ingredients and functional phospholipids. The cosmetic industry is supplied with a wide range of lanolins and a selection of animal derived oils. Besides, specialty ingredients for a number of technical applications are provided. Dedicated to innovation, Imperial-Oel-Import develops novel ingredient solutions and offers customers in-to-depth technical and regulatory support.
Contact:
Imperial-Oel-Import Handelsgesellschaft mbH
Bergstr. 11
D-20095 Hamburg
Tel.: +49 (40) 33 85 33-0
E-Mail: Info(at)imperial-oel-import.de
www.imperial-oel-import.de