Oslo, Norway, July 4th 2023 – NFM AS has spent significant time and resources on developing its THOR ® load bearing vests and has developed a range of innovative products such as the modular, scalable, and transformable GRID carrier system which enjoys intellectual property protection in the EU and other jurisdictions.
Mehler Vario System GmbH has earlier this year exhibited a product titled “Grid carrier” to the market at a trade fair in Nuremberg, Germany, which NFM believes to infringe its registered design rights.
To protect its valuable intellectual property, NFM has initiated legal infringement proceedings against Mehler before the Regional Court of Düsseldorf, Germany, (docket no. 14C O 29/2023), requesting a decision which prohibits Mehler from marketing and distributing the products in question throughout the European Union.
The question of whether or not Mehler’s “Grid carrier” infringes NFM’s registered design rights will be decided by the Court.
This is an interesting case. Actually more interesting than most people might think. It has the potential to shock the European gear industry:
I have no knowledge of what the issue is, exactly. Weather it’s a patent or a design infringement, could give several different outcomes.
There are clear similarities to the the NFM and Mehler designs, but when it comes down to the detail, the only really specific think they have in common is the thickness of the material that is perforated and the overall look of the vest.
If “a perforated material that allows for pouches to be mounted onto it, combined with the ability to mount ballistic panels behind it” is the actual issue, then MANY companies could be lined up to go to court in the future.
Even S&S precision could be infringing on the NFM design, even though the S&S carriers are a lot older.
Perforated textiles in general, used with ballistic vests in common these days and this case sort of reminds me of the Crye vs. FirstSpear case from a few years back.
Honestly I can see why NFM sees this as an infringement of their overall design, but when you break it down, it basically just is a perforated material where you can mount ballistic panels to it.
Birk
Tardigrade Tactical
NFM is also after FECSA’s lattest design, which are a blatant rip-off of their armor and pouches. FECSA seems to be in some legal issue with an American helmet manufacturer.
So let me make sure I’m tracking this right, they are suing for design infringement? And what exactly gives them that ability? What precedent does this set for the industry going forward? Is this going to be something that lies in wait to clear out competition like first spears patent on laser cut Molle? Or blue force gear having a trade marked Red Cross logo? Or having any laser cut molle attachment system that is one piece like BFG helium whisper?
I’ve not been able to locate a patent that NFM holds which the Mehler carrier might break.
I assume it’s a design infringement. EU has 3 years for unregistered and 25 years for registered designs.