just got my swissvax! some questions...
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The case is fully and finally resolved, and is withdrawn from the Court;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
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
Not quite Aaron; the only thing I'll leave you with is the fact that the founders of swissvax were also distributors of zymol at one point. Food for thought.
Registered User
Joined: Jun 2006
Posts: 308
From: SF Bay Area / Switzerland
Rep Power: 36
Didn't the Anwander family start to tinker with wax for their own personal car collection in the 1930s ? Zymöl was founded in 1980 ...
Trademark infringement is one thing, but according to this source which cites Charles Bennett, there is no word of embezzlement, but the resolution of trademark conflicts, use of scents and colors. I like cinnamon, but pineapple (scuderia) or passion fruit (concorso) smell just as fine to me.
How does Swissvax compare with Zymöl in your experience ?
Trademark infringement is one thing, but according to this source which cites Charles Bennett, there is no word of embezzlement, but the resolution of trademark conflicts, use of scents and colors. I like cinnamon, but pineapple (scuderia) or passion fruit (concorso) smell just as fine to me.
How does Swissvax compare with Zymöl in your experience ?
Thread
Thread Starter
Forum
Replies
Last Post
detailersdomain
Cayenne 955/957
20
May 7, 2008 06:12 PM
detailersdomain
Detailing
25
Apr 14, 2008 02:52 PM
