Mertik Maxitrol Inc., said a settlement was reached in its copyright infringement and unfair competition lawsuit against Honeywell GmbH. Under terms of the settlement, Honeywell GmbH agreed to stop selling, distributing, and advertising from Germany the alleged counterfeit gas control valve V5475 or parts for the valve.
Mertik Maxitrol’s complaint, filed in the regional court of Stuttgart, Germany, alleged that Honeywell was producing in China an unauthorized copy of Mertik Maxitrol’s GV30 gas valve. In addition, Mertik Maxitrol claimed Honeywell was marketing and selling the counterfeit valve (V5475) throughout France, Belgium, the Netherlands, Luxembourg, and Eastern Europe.
“We are pleased with Honeywell’s decision to comply with the settlement conditions, but we will continue to aggressively pursue our pending litigation against Honeywell International Inc., USA; Honeywell Sarl, Switzerland; and Honeywell B.V., Netherlands,” said Mertik Maxitrol Managing Director Larry C. Koskela.
“Unauthorized intellectual property transfer to China is illegal, and it puts workplaces and jobs in jeopardy. Honeywell violated their existing contract with Mertik Maxitrol by allowing and assisting the Chinese operation in reverse engineering the GV30 valve. This sets a dangerous precedent for our industry and for small and medium size companies doing business with Honeywell. They have disregarded their contractual obligations with a long-standing supplier and breached their own Code of Business Conduct.”
In addition to the proceedings in Germany, in June 22, 2010, a complaint was filed in the Eastern United States District court of Michigan by Mertik Maxitrol’s attorney Jeffrey Sadowski of Howard & Howard Attorneys PLLC, alleging that Honeywell is in violation of unfair competition, trade dress infringement, breach of contract, and violation of the Michigan Consumer Protection Act.
to Daily News