Brinkhof successfully enforces Maytronics’ DOLPHIN trademarks
Maytronics is active in the field of automatic swimming pool cleaners, or swimming pool robots, which it markets under, inter alia, the trademark DOPLHIN. Maytronics uses a selective distribution system for the sale of its most technically advanced swimming pool robots. ECG also sold DOLPHIN pool cleaners but had purchased these outside Maytronics’ selective distribution system and offered them in a way that was detrimental to the reputation of Maytronics and its DOLPHIN trademarks.
In a judgment of 15 June, the Court of The Hague in preliminary relief proceedings held that ECG has infringed Maytronics’ trademark rights. ECG’s conduct was so bad that ECG could no longer invoke the exception of exhaustion. ECG’s bad conduct was evidenced by, among other things, the large number of negative reviews ECG received of its entire conduct and the unlawful manner in which it offered Maytronics’ DOLPHIN products.
ECG has been given an EU-wide injunction on any use of Maytronics’ DOLPHIN and other trademarks, must post a corrigendum on all of its websites on which it has infringed, must report all of its infringing acts and, finally, must also reimburse Maytronics’ legal costs. All in all, a great victory for Maytronics and therefore also for Brinkhof.