At this point, the legal adviser of EPAL Mr B. Dörre regularly provides you with information about recent cases.

In contrast to other types of pallets, EUR pallets comprise a number of considerable advantages – whether it is about the guaranteed quality proved by various tests or about the characteristic of being barterable, which directly results from the quality guaranteed. The feature of being exchangeable as well as quality assurance are proved by labeling the pallets

However, the EUR pallet also has to cope with increasing product piracy in the form of falsified pallets, just like other proprietary or quality products. These falsified pallets cannot be exchanged and have only a short life cycle as a result of technical defects. In case of such falsified pallets being supplied, the user is at risk of suffering severe disadvantages.

EPAL – Proven Security!

That is why EPAL endeavors to prosecute any case of supply of falsified pallets in order to proctect those customers using EUR pallets. Suppliers of falsified pallets will be requested to provide a declaration to cease and desist enforced by penalty. If the corresponding supplier fails to do so, legal proceedings will follow. Therefore, in the past years, it was indefeasibly stated in a large number of verdicts from various courts that selling EUR pallets that have not been produced in a plant tested and approved by EPAL represents a violation of trademark laws. In addition to penalty of substantial fines, the counterfeiters will also have to bear a considerable amount of costs of proceedings as well as any costs for disposing of the falsified pallets.

Counterfeiters are to face heavy penalties

As pronounced in a verdict dated August 7, 2009 (reference number 7 O 42/09), the Regional Court (Landgericht) of Mannheim has recently adverted to the fact that it is not only the sale of falsified pallets but also the supply of such pallets within the scope of bartering pallets (especially for the purpose of compensating pallet debts) that do represent a violation of trademark laws. In this context, the Regional Court (Landgericht) of Mannheim has stated that any user of EUR pallets who delivers a larger amount of pallets (whithout any merchandise being stored on top) to third parties in order to compensate pallet debts is to be treated like a trader. If the pallets are falsified, this is to be considered an illegal use of the trademarks involved.

Therefore, the users of EUR pallets are recommended to check the authenticity of the EUR pallets with every consignment – regardless of whether the delivery is based on a purchasing process or on compensating pallet debts. In case of falsified pallets being involved the supplier has to be notified of the defect without any delay. Both EPAL themselves and those inspection companies instructed by EPAL provide any assistance in determining whether or not there are falsified pallets involved.