Solo Stops Chinese Companies from Exhibiting Counterfeit Sprayers at Trade Show

Using an aggressive proactive position to protect its SOLO Model 425 sprayer against counterfeiters, Solo Kleinmotoren GmbH successfully halted the promotion and display of counterfeit Solo sprayers at the recent Agritechnica 2007 trade fair in Hanover, Germany by Chinese manufacturers Farmate and ZheJiang Shixia Sprayer Co., Ltd.

The confiscation of products displayed in both exhibit booths came on two separate judicial orders and took place only six months after United States federal agents seized counterfeit SOLO sprayers that Shixia had exhibited at the National Hardware Show in Orlando, Florida.

According to Solo Kleinmotoren Marketing and Distribution Manager Nils Fock, Solo had arranged for the registration of a 3-D Trademark in Europe and many other countries to provide protection for the SOLO Model 425 backpack pressure sprayer because several hundred thousand units are sold worldwide and the sprayer is optically distinguishable from competitive models.

“Access to Chinese manufacturers of copied product continues to be the problem,” Fock adds. “We can move against importers of their product in Europe, and we have made no hesitation in doing so.  We only have a short timeframe available to us during trade fairs to take action against the actual manufacturer, and this is the reason for the early legal preparations for Agritechnica.”

On Nov. 12, the second day of the trade show, the Supreme Court in Braunschweig granted title for the confiscation of copied product at the Shixia booth and for immediate compensation of legal costs. Since the exhibitor did not have the required cash on hand to cover the legal costs, the bailiff had no choice but to confiscate anything of value on the stand, including all available products.

Products also were confiscated the following day on a second court order from the Farmate exhibit booth, since the Chinese manufacturer had earlier failed a request by Solo to sign a declaration to cease illegal actions. 

“Although we will be unable to recover a large part of the costs, we demonstrated that we have teeth in defense of our product, and the trade fair is now completely ineffective for these exhibitors,” Fock says. “This will not only benefit Solo, but also impress and encourage other manufacturers.”

Fock also pointed out that Solo’s action at Agritechnica signaled the start for further action to defend against copy products in other protected markets. “To date, we have generally accepted the removal of these copies in conjunction with a declaration to refrain from all illegal actions. In the future, we will insist on compensation to at least partially fund the immense costs of the battles against product pirates,” he says.

“These incidents are the latest in a long list of trademark infractions involving ZheJiang Shixia and other manufacturers,” adds David Longfield, president of Solo, the United States subsidiary based in Newport News, Va.  “As you can see, Solo is very aggressive in the protection of our patents and trademarks.”

Solo Kleinmotoren GmbH -- headquartered in Sindelfingen, Germany -- is a producer of sprayers, mistblowers, chain saws, trimmers/brushcutters, blowers and other outdoor power equipment.