Deceuninck® Obtains Permanent Court Injunction in Lawsuit Against Bavarian Polymers
Deceuninck® North America of Monroe, Ohio, has obtained a court approved permanent injunction in its favor to resolve a lawsuit against competitor Bavarian Polymers USA.
The lawsuit concerns the alleged unlawful appropriation and use of trade secrets related to extruded lineal profiles used by Deceuninck's 2900 and 4300 window systems. The permanent injunction, entered by the United States District Court for the Eastern District of Arkansas, prohibits Bavarian Polymers, former Deceuninck® North America chief executive officer (CEO) Ralph Weiss, Robert Weishaeupl, Giovanni Menegazzo and Bryan Harris from designing, producing, manufacturing and/or selling lineals used in those systems. The injunction also prohibits the design or sale of any lineals interchangeble with those systems. In addition, Bavarian Polymers is prohibited from manufacturing any other lineals utilized in any other Deceuninck® window system developed using intellectual property which Bavarian or any of the foregoing individuals has obtained, or may obtain in future, from any Deceuninck® drawings, dies or other proprietary and confidential information. Other aspects of the lawsuit's resolution remain confidential.
"This is a significant victory for our company," said Mark Parrish, president and CEO, Deceuninck® North America. "This court injunction sends a strong, positive message that Deceuninck® North America will diligently protect the proprietary intellectual properties that make our company a world-class leader in the design, manufacture and sale of the highest quality fenestration and building products."
Weiss, who once worked for Deceuninck, has been the president of Bavarian Polymers since 2005.
He says, "Bavarian Polymers and Deceuninck entered into a consent judgment expressly providing that 'the parties have agreed to resolve this lawsuit without any admission of fault or liability.' Bavarian Polymers consented to resolve the parties' dispute, in which Bavarian Polymers had also asserted claims against Deceuninck, which had been costing the company a prohibitive amount of legal fees and costs. Our company determined that its resources would be better spent investing in new product and market development," Weiss adds.
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