Posted: May 3rd, 2019
[plaintif] and Secrid B.V. v. [Defendant 1] and CGIW, Judge in Interlocutory proceedings, District Court The Hague, The Netherlands, 16 April 2019, Case no. ECLI:NL:RBDHA:2019:3684
Alleged infringement of various intellectual property rights, amongst which patent rights relating to a ‘Holder for Credit Cards’.
CGIW did not appear in the proceedings. Defendant 1 did not deny that Secrid’s rights were infringed upon. However, Defendant 1 denies being involved in such infringement. The Judge in Interlocutory proceedings does not follow Defendant 1 in its defence and rules that at least a threat of infringement by Defendant 1 against Secrid is sufficiently established. The Judge considers amongst other things that the website that sold infringing mini wallets is in the name of Defendant 1 and that the account and Chamber of Commerce data all lead to Defendant 1.
As it is standing case law of the Dutch Supreme Court that at least a threat of infringement is sufficient to grant a preliminary injunction, such preliminary injunction is granted.
A copy of the decision (in Dutch) can be read here.