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Zymol Files Lawsuit Against Manufacturer and Distributor of Swissol Products

 

Killingworth, CT – Zymol Enterprises, Inc. of Killingworth, Connecticut, a manufacturer and worldwide distributor of high-end car care products, today announced it has filed suit against Anwander & Co. AG, an entity of Switzerland, and its U.S. Distributor, John (Jack) Camarda (doing business as “CSX Group, LLC”), for trademark infringement, copyright infringement and unfair competition.

 

The lawsuit was recently filed in the United States District Court for the Central District of California. Zymol alleges that Anwander is violating federal law by advertising, importing into the United States, and selling through Camarda and CSX Group various car care products identified by the names “SWISSOL” and “CONCORSO,” which are confusingly similar to the ZYMÖL® and CONCOURS™ names used by Zymol for over 20 years. Additionally, the lawsuit alleges that the Anwander has intentionally copied Zymol’s trade dress and engaged in copyright infringement.

 

Anwander Is A Former Zymol Distributor

 

According to the lawsuit, Anwander was a distributor of Zymol products in Europe from 1992 to 1999. In approximately 2001, Zymol discovered that Anwander had created multiple new car care products that it labeled ZYMOL® without Zymol’s authorization. Zymol also discovered that Anwander had registered the ZYMOL® trademark and Zymol’s distinctive jar design in Switzerland, also without Zymol’s authorization.

 

After Anwander’s distributorship ended, Anwander registered the trademark “SWIZOL” in Switzerland. According to Zymol, Anwander adopted the SWIZOL name in order to confuse the public. Anwander then used the SWIZOL name on products packaged in Zymol’s distinctive container.

 

Previous Trademark Dispute Between The Parties

 

The present lawsuit alleges that attorneys for Zymol and attorneys for Anwander engaged in a series of communications concerning the trademark dispute in 2001. In 2002, Anwander agreed to stop using the ZYMOL® name and the Zymol container for its products. Anwander also agreed to cancel the registration of ZYMOL® and the Zymol container in Switzerland.

 

Thereafter, Anwander adopted the name SWISSOL for its car care products, which Zymol claims is also confusingly similar to ZYMOL.

 

Anwander’s Use Of CONCOURS™ Name And Packaging

 

Zymol’s waxes include a wax with of a high-concentration of white and yellow Carnauba identified by the name CONCOURS™. The lawsuit alleges that Anwander has created a product similar in color, sent and packaging that its calls “CONCORSO.” Anwander packages its “CONCORSO” product in the same type of drawstring bag used by Zymol for its CONCOURS™ product, with a “Certificate of Authenticity” like the one used by Zymol to identify the CONCOURS™ product. Zymol claims Anwander even copied the text of its CONCOURS™ “Certificate of Authenticity” for its “CONCORSO” product.

 

The complaint alleges that Anwander adopted the SWISSOL and CONCORSO names and trade dress with the intent to confuse and deceive the public and trade upon the goodwill established by Zymol in its ZYMOL® and CONCOURS™ trademarks and trade dress.

 

“It is our duty and our right to protect our trademarks, trade dress, and copyright-protected materials from unauthorized use,” said Chuck Bennett, president of Zymol Enterprises, Inc. “We have invested a lot of time and money successfully building our brand and we don’t want our customers to be confused or deceived.”

 

“We intend to fight aggressively to protect the immense amount of equity we have established in our intellectual property,” Bennett said.

 

Zymol has asked the court to prohibit Anwander and Camarda from using the SWISSOL and CONCORSO names, the offending trade dress, and the infringing certificate of authenticity. Anwander and Camarda have not yet responded to the lawsuit.

 

* * * * *

 

About Zymol Enterprises, Inc.

 

Founded in 1980, Zymol Enterprises, Inc. (www.zymol.com) is a leading manufacturer and distributor of high-end car care products, including waxes, washes, and cleaners. Since inception Zymol has specialized in the development and manufacture of premium car care products revered by enthusiasts, collectors and restorers of fine automobiles worldwide. All Zymol paste waxes are hand crafted from a nineteenth century carriage maker’s formula developed in Bischofsheim, Germany. Unlike common car care products, Zymol uses ingredients that are natural and derived from nature, making them not only effective but also environmentally compatible and pleasant to use. The wax’s main protective ingredient is rare Brazilian Carnauba, carefully extracted from tropical rain forests. For a superior shine and finish Zymol uses up to ten times the amount of Carnauba in its waxes than the industry standard. Ferrari and Jaguar, among others, have worked with Zymol to produce Marque Specific waxes; the National Museum of Transportation uses Zymol to care for their prized possessions; and the BMW and Porsche Clubs of America are avid supporters of Zymol for caring for their cherished automobiles.

 

 

August 2004

 

 

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@kuflik

czy to tak było?

 

A może tak (?):

 

On November 9, 2005,

Anwander + Co. AG and Zymol Enterprises Inc. agreed on a written stipulation of settlement of Zymol's pending lawsuit in the United States District Court for the District of Connecticut.

 

The Zymol lawsuit sought unspecified damages and injunctive relief against Anwander for its claims of copyright infringement, trade mark and trade dress violations, and certain state statutory and common law causes. Anwander vigorously opposed the Zymol lawsuit, and was prepared to contest Zymol's claims through trial, and appeals (if necessary). Throughout the litigation, Zymol made broad, sweeping claims about alleged similarities between the Zymol and SWISSOL products, including ingredients (which are completely different), certain written materials contained inside the product containers and the purported similarities between the Zymol and SWISSOL names.

 

We were advised by our American counsel that Zymol's claims were at best weak, without evidentiary support and without proof of any actual monetary loss by Zymol. We were prepared to take, and respond to, depositions (sworn testimony outside the courtroom) the week of November 7, 2005. The day before the depositions were to begin, the parties began settlement discussions with the assistance of an independent mediator in New York City. After a full day of discussions, the parties reached agreement in principal the evening of November 7. After two additional days of negotiating between the parties and their counsel, the parties reached full and final agreement the evening of November 9. The crital points of the settlement are as follows:

 

The case is fully and finally resolved, and is withdrawn from the Court;

 

No money will be paid by Anwander, in any amount, or at any time;

 

Anwander will retain its use of the SWIZÖL name in the countries where it has always been used - Austria, Germany, Switzerland and the Principality of Liechtenstein;

 

Anwander will refrain from using certain colors and fragrances in connection with its automotive products (which will have no effect whatsoever on any products' appearance or marketing);

 

In 1 1/2 years (18 months) Anwander will replace the suffix "ol" of its name SWISSOL outside the four countries where SWIZÖL will continue to be used. Anwander will have four tentative versions within four months, and will have its new name within nine months, all from the date of the agreement.

 

Anwander regards the settlement as a complete vindication of its position. When the current lawsuit was filed in the summer of 2004, Zymol claimed that it would undergo "substantial and irreparable" damages if its list of imagined wrongs by Anwander were not permanently enjoined. Zymol also sought unspecified actual, compensatory, punitive damages and costs, including attorney fees.

 

In the end, however, Anwander was able to conclude the litigation merely by agreeing to change the suffix "ol" of its SWISSOL name and certain colours and fragrances. No money was paid by Anwander to Zymol, for any reason, nor will any be paid in the future.

 

Our counsel advised that the settlement is very favourable to Anwander. We agree. We are looking forward to the selection of a new suffix to the SWISS- prefix, and will certianly keep the basic logo design. In fact, we'd love your suggestions and comments in this transition period. Please call, email, fax your suggestions to Anwander + Co. AG, SWIZÖL Building, Tämperlistrasse 3, CH-8117 Fällanden/Switzerland, tel. +41 840 850 850, fax +41 144 730 45 02, sales@swissol.com.

 

Anwander will continue to market and distribute the finest car care products in the world. We will aggressively compete with all high-end car care products ... and Zymol.

 

Anwander + Co. AG

 

 

A może rzeczywiście było tak że Anwander (SV) miał (i ma) stare patenty na te woski i używał je głównie do mebli, aż pewnego dnia pewien Amerykanin o nazwisku Bennett (Z) wpadł na pomysł by to sprzedawać w dużym stylu a nie używać tylko na własne autka?

Anwender sprzedawał to na Europę i kiedyś się pokłócili (tak jak w najlepszych rodzinach się staje)?

 

Za tą opcją mówi parę życzy:

- stare patenty na woski są do dzisiaj w Szwajcarii,

- miasto produkcji wosków Zymol: Bischofsheim

- nazwa Zymöl (ö)

 

Ale dowiesz się to prawdy? :/

 

Jedno jest pewne: grali kiedyś w jednej drużynie.

 

Dla mnie najważniejsze że to już historia, a dziś obie firmy prześcigają się w doskonaleniu swoich produktów, co na dobre klientom wychodzi. :good:

Nie wiem jak by to było, gdyby nadal grali w jednej drużynie i nie musieli ulepszać swoich produktów

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