The jury met on January 12, 2019. Three main prizes, six distinctions (equal in rank) and one special prize were awarded; total entities:37.
Image rights: Action Plagiarius
Photos: left: original, right: plagiarism
Exception: Hyena-Prize (Originals in the middle)
Left Original: Bürkert Werke GmbH & Co. KG, Ingelfingen, Germany
Right Plagiarism: Ningbo ACME Industrial Automation Co., Ltd., Ningbo, PR China
The imitator copied a whole product line. He infringes both, the internationally registered figurative mark (4 stripes) and the design (i.a. China). The 1:1 copy of the valve features all Bürkert-typical design elements, such as the frames around the numbers at the brass valve body, so that there is high risk of confusion.
Left Original: BRUDER Spielwaren GmbH + Co. KG, Fuerth, Germany
Right Plagiarism: Manufacturer: Hengheng Toys Factory, Shantou, PR China
Distribution: The German vendor of the plagiarism has signed a cease- and desist declaration and paid a compensation fee
The plagiarism is smaller, but design, technology and proportions are a 100% copy of the original product. The cheap materials (shell, wheels…) and the poor workmanship (instable, loose small parts) reflect the inferior quality.
Left Original: ZWILLING J.A. Henckels AG, Solingen, Germany
Right Plagiarism: Manufacturer: Zhejiang Keland Electric Appliance Co., Ltd., Zhejiang, PR China
Distribution: diverse German and European vendors have signed cease- and desist declarations
The imitator has copied 1:1 all characteristic design features of the original; however, the plagiarism is not made of premium cast iron but of cheap aluminium and costs only one tenth of the original. The original roaster has been adjudged ‚competitive individuality‘.
Six “Distinctions” (equal in rank) were awarded:
Left Original: Busch-Jaeger Elektro GmbH, Luedenscheid, Germany
Right Plagiarism: Hefei Ecolite Software Co., Ltd., Hefei, PR China
Design and functionality are a brazen 1:1 copy of the original. However, the plagiarism is weaker in performance and the detection range is smaller. Busch- Jaeger has registered design patents i.a. in the EU and also in China.
Left Original: Hansgrohe SE, Schiltach, Germany
Middle Forgery: Cixi City Changhe Ainuohua Sanitary Ware Factory, Zhejiang, PR China
Right Plagiarism: Cixi City Changhe Yihao Sanitary Factory, Zhejiang, PR China
Both imitators violate Hansgrohe's design rights in China. For the counterfeit (middle) even "hansgrohe" in Chinese characters is used, for which trademark rights exist. The plagiarism (right) is offered via WeChat. The copies cost the equivalent of Euro 0.85 / 0.89 and are correspondingly inferior in material and product quality.
Left Original: MS Motorservice International GmbH, Neuenstadt, Germany
Right Plagiarism: Zhejiang Hongchen Auto Parts Co Manufacturing Co., Ltd., Zhejiang, PR China
Rheinmetall Automotive, which also owns the Aftermarket specialist Motorservice, successfully sued the imitator in Germany because of patent infringement and slavish imitation. Laboratory examination revealed that the plagiarism is weak in performance and has a deficient electronic system. If the pump fails, the motor will overheat and serious secondary failures may arise.
Left Original: Reisenthel Accessoires GmbH & Co. KG, Gilching, Germany
Right Plagiarism: Chinese Bicycle Factory, Hebei, PR China
The overall impression of original and plagiarism is identical; however, the plagiarism is inferior regarding materials and workmanship. The German vendor of the plagiarism has signed a cease- and desist declaration.
Left Original: Rixen & Kaul GmbH, Solingen, Germany
Right Plagiarism: Manufacturer: Tianjin Jiawei Hongfa Plastic Mold Co., Ltd., Tianjin, PR China
Distribution: via an Italian manufacturer of bike baskets
The imitator has copied 1:1 the design, functionality and colours of the original product, so that there is danger of confusion. However, with regard to material and workmanship the plagiarism is extremely cheap. The Italian company denies the distribution of the plagiarism despite clear evidence.
Left Original: SILIKOMART S.r.l., Mellaredo di Pianiga, Italy
Right Plagiarism: Manufacturer: unknown, PR China
The product design is a 100% copy of the original product. Likewise (almost) identical - and therefore misleading - are packaging design, company name and product name. The poor quality silicone is highly unlikely to have undergone the post curing process, which is obligatory for products that are in contact with foods.
The following Special Prize was awarded:
Middle Originals: Steinel GmbH, Herzebrock-Clarholz, Germany
Around Plagiarisms: Manufacture: Diverse Chinese companies
Distribution: 1-4: Poland 5-7: Germany 8-9: Hungary
10-11: Spain 12: Denmark 13: Great Britain
14: Lithuania 15: The Netherlands 16: Austria
17: Portugal 18: Czech Republic 19: Turkey
The Steinel motion detector IS 1 was launched in 2006. Diverse Chinese manufacturers copy 1:1 the successful design (not limited by technology), partly in cheapest quality. One firm registered a Community Design (EU) for its plagiarism, which was declared unvalid. The 19 plagiarisms shown are being distributed in 12 European countries; some could be withdrawn from the market due to unfair competition. Challenging is the sheer quantity of imitations.
Each year the jury is put together individually with specialists from diverse sectors. The following persons formed this years' jury...
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