Another successful preliminary injunction for the Ultra-Seal court case
By: AJOT | Oct 30 2017 at 08:31 AM | Intermodal
By winning a preliminary injunction court case in September that had been filed against Ultra-Seal by the BRV, Ultra-Seal itself has afterwards filed a preliminary injunction against BRV relating to new, wrongful statements the German tyre association made in the press against the tyre sealant company. This case has now also been successfully issued in favour of Ultra-Seal.
Injunction in favour of Ultra-Seal about environment and collection of tyre casings
After winning the preliminary court case against BRV in both court (Landgericht Bonn) and higher Federal court of appeal (Oberlandesgericht Köln) by Ultra-Seal, where Landgericht Bonn concluded that the 'Richtlinien' are not market conduct rules (Marktverhaltensvorschriften) within the meaning of German Unfair Competition Act (UWG), the BundesReifenVerband then took another approach in attacking Ultra-Seal by stating that the tyre sealant is bad for the environment and that problems can occur when tyre casings are being collected after being treated with Ultra-Seal.
Ultra-Seal filed a preliminary injunction court case against these statements, and the injunction was successfully issued on the 18th of October 2017 by Landgericht Köln (33 O 153/17, open to appeal).
Possible penalty for BRV up to € 250,000.00
The Landgericht Köln concluded that the BundesReifenVerband cannot uphold the arguments anymore on both the product being environmentally unfriendly, and the wrongful accusations on possible tyre casing collection problems when tyres contain Ultra-Seal. If BRV does not obey the decision of the court and will continue sending out any such statements as prohibited by the court, a penalty up to € 250,000.00 as stipulated by German law can be imposed on BRV.
Ultra-Seal hopes for an end to wrongful allegations
After this second successful case for Ultra-Seal, the company now hopes that the BRV will stop attacking Ultra-Seal whilst doing business in Germany. Many German and International companies like DSV, DHL, Ewals Cargo Care, TIP Trailer Services, Bring, Ancotrans, UES, Mezger and ICTS Group already benefit from optimum tyre usage, as they are benefitting from maximum tyre wear reduction, fewer punctures and optimum tyre pressure when using Ultra-Seal in its tyres.
Again, Ultra-Seal - Director Flemming Steiness states: "An open dialogue with the BRV has been proposed on numerous occasions, but this has been rejected. We will continue to defend our product against any illegal statements, defamation and libel of our business."