News | March 12, 2010

WILCO AG Convicted For Unfair Competition Against Bonfiglioli Engineering

Source: TASI Group: Bonfiglioli Engineering and Sepha

In recent years Bonfiglioli and BRG have found themselves in unjustifiable situations due to illegal acts by Wilco, a direct competitor of Bonfiglioli, who sent communications to Bonfiglioli's customers in which it was alleged, among other things, that Bonfiglioli was infringing Wilco's patent for invention.

As a consequence, there was a trial at the Court of Paris in which Wilco and Mr. Lehmann requested the court to investigate the patent's counterfeiting. On the other hand Bonfiglioli and BRG had asked for compensation resulting from defamation and unfair competition.

On 3rd June, 2009, the Court of Paris issued its final judgement in favour of Bonfiglioli and BRG, as follows:

  • dismissed Mr Lehmann and the Wilco Company from their patent infringement action;
  • stated that Wilco has committed an act of unfair competition against the BRG and BONFIGLIOLI companies by sending letters to their customers assuming that Bonfiglioli's machines were in counterfeiting Wilco' European patent 1 021 697;
  • has forbidden Wilco to continue such illegal actions;
  • sentenced Wilco to pay an indemnity of EUR 75,000 for damages to the BONFIGLIOLI and BRG companies;
  • sentenced Wilco and Mr Lehmann to pay to BONFIGLIOLI and BRG a compensation of EUR 50,000 for improper procedure and EUR 30,000 to cover Bonfiglioli's legal expenses;
  • authorized the release of the decision in three magazines or newspapers chosen by the Bonfiglioli and BRG companies, paid by WILCO.

With reference to the outcome of this Court case Bonfiglioli declared great satisfaction, through its chairman Mr Giuseppe Bonfiglioli, who said: "We are obviously very pleased with the judgement of the Paris Court. The final judgement of this Court (having Wilco and Mr. Lehmann withdrawn its appeal to the sentence) clearly demonstrates that Bonfiglioli did not infringe any Wilco patent rights and has been the victim of unlawful acts of unfair competition by Wilco. In particular, the outcome of the Court demonstrates that Bonfiglioli has always acted responsibly and professionally in its own business and in dealing with its clients.

I thank my lawyers Yves Bizollon of Bird & Bird legal office at the Barreau de Paris, Pier Luigi Costa and Paolo Creta of the Court of Bologna, and also the skilful engineers Ezio Bianciardi and Leonardo Firmati, patent attorneys at Bugnion SpA in Bologna for their valuable assistance and for the great results obtained in this court case. I would also like to thank all my customers who have during the years confirmed their confidence in Bonfiglioli, without giving any weight to the unfounded and derogatory information that has been spread by the competitor Wilco".

SOURCE: TASI Group: Bonfiglioli Engineering and Sepha