MONROE, Conn.--(BUSINESS WIRE)--Victorinox Swiss Army, Inc., in conjunction with its parent corporation Victorinox AG, today announced the company has been awarded approximately $9.8 Million in addition to injunctive relief in its suit against Dallas-based The B & F System, Inc., and its president, John D. Meyer for infringement of Victorinox’s iconic registered trademark for red-handled multi-function pocket knives. Victorinox filed the lawsuit in 2013 when the company became aware The B & F System, Inc. was marketing red handled multi-function pocket knives copying the famous Swiss Army knife marketed and sold by Victorinox in the U.S. for more than 50 years.
Ruling in Victorinox’s favor, Federal District Court Senior Judge Jed S. Rakoff of the United States District Court for the Southern District of New York on October 22, 2015 granted Victorinox a total award of $9,808,332.44 including treble damages, interest and counsel fees.
Judge Rakoff also granted Victorinox injunctive relief writing in his decision “the public interest will be served by an injunction that ends the likelihood of consumer confusion.” Under the Court’s Order, The B & F System, Inc. and Mr. Meyer are permanently enjoined from further infringements; required to immediately recall from their distributors and retailers the infringing goods; to deliver for destruction all examples of the infringing goods; distribute copies of Judge Rakoff’s Final Order to all of their suppliers, distributors and customers; and, are bound to take other steps as outlined in the Order (Case #13-cv-04534).
This final judgment follows Judge Rakoff’s June 2015 grant of Victorinox’s motion for summary judgment on grounds of trademark infringement and counterfeiting, false designation of origin, as well as unfair competition. Specifically, the Court found that the Defendants’ knives are substantially identical to Victorinox’s Swiss Army knife, and are counterfeits ‘whose tendency to cause confusion is self-evident’.
“We are gratified with the decision of the Court as it protects the Swiss Army knife brand which has been, and continues to be, an important driver in conducting our business for more than 130 years,” said René Stutz, President and CEO of Victorinox Swiss Army.
“Since it was first introduced in Switzerland in 1897, our iconic ‘little red pocket knife’, has, in a most unique way, come to symbolize excellence in Swiss craftsmanship, innovation and unsurpassed quality that generations of consumers have come to trust from Victorinox Swiss Army Knives. This legal victory protects our brand and, most importantly, protects consumers from confusion in the marketplace due to counterfeit product. We will continue to steadfastly pursue any person or organization that purports to deceive consumers with counterfeit products using the trademarked Swiss Army knife brand,” Stutz continued.
Victorinox is represented by Locke Lord LLP. The winning legal team was headed by David Weild III and Rory J. Radding, and included H. Straat Tenney, Danielle E. Gorman and Errol Chapman.
About Victorinox Swiss Army
Victorinox produces and sells unique, high quality products worldwide which are of practical use in differing areas of life: Swiss Army® Knives, Cutlery, Watches, Travel Gear, Apparel and Fragrances. The head office of the company is in Ibach, Schwyz, in the heart of Switzerland. This is where the founder of the company Karl Elsener first set up his cutler’s business in 1884 and, a few years later, designed the legendary “Original Swiss Army Knife”.
To learn more about Victorinox Swiss Army’s portfolio of products please visit www.SwissArmy.com.
