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Modul row goes to court

The Modul-System Group, manufacturer of racking systems for commercial vehicles, has filed for a High Court injunction in the UK against its former distributor H-Modul Ltd.

The Swedish firm, which has subsidiaries in Belgium, Denmark, France, Germany, Holland, Poland, Switzerland and the UK, and sales agents in a further 10 European countries, claims H-Modul Ltd has copied Modul-System’s products.

H-Modul Ltd, based in Bourne End, Buckinghamshire, denies the allegation and says it will fight the action vigorously.

Modul-System is seeking a trademark infringement order preventing H-Modul Ltd from using the name ‘H-Modul’ and selling their stock of items with the ‘H-Modul’ name or mark. Modul-System is also seeking damages for stock already sold and for infringement of intellectual property rights. “In terms of appearance, the racking systems are almost identical in design and colour to ours,” says Erik Hantoft, managing director of The Modul-System Group.

David Barber, managing director of H-Modul, says: “This action is nothing short of an attempt to stifle customer choice.”

H-Modul Ltd was Modul-System’s former distributor and exclusive licensee in the UK. The relationship between the two companies was terminated in December last year.

Modul-System recently set up its own subsidiary, Modul-System International Ltd, in Market Harborough, Leicestershire. It has a logistics centre in Nottingham.

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