B. Braun obtains preliminary injunction against Poly Medicure (Polymed) for misleading advertising

B. Braun Melsungen AG has successfully asserted claims for unfair competition against Indian based Poly Medicure Ltd. because of misleading advertising performed by Poly Medicure. In the advertising materials handed out at the MEDICA trade fair in Cologne, Poly Medicure designated certain claims/graphics with TM symbols without actually enjoying trademark protection or having filed respective trademark applications. Against this, B. Braun obtained a preliminary injunction at the Regional Court of Cologne (Docket No.:

33 O 181/17) on 15 November 2017 after Poly Medicure rejected B. Braun's claims. The preliminary injunction order was granted by the court without prior hearing while the court was aware of Poly Medicure's arguments put forward in their reply to B. Braun's warning letter. B. Braun enforced the preliminary injunction order directly at the MEDICA trade fair by having it served upon Poly Medicure through the bailiff. The decision is not final, yet.