In order to protect its worldwide known laboratory mixer “Hauschild SpeedMixer®” brand and prevent consumer injury, Hauschild GmbH & Co. KG has taken affirmative, global action to stop US-based FlackTek, Inc. and its affiliates from misappropriating Hauschild’s “SpeedMixer” brand and preventing consumers from access to genuine Hauschild parts and service. Hauschild has filed suit in the US, a civil proceeding in the Netherlands, as well as a criminal proceeding in Spain, against FlackTek and its various agents like Synergy Devices Ltd. (UK), SpeedMixer Iberica (Spain) and RohChem (The Netherlands). The proceedings allege, among other things, intellectual property infringement and unfair trade practices acts, as well as theft in the criminal proceeding.
FlackTek’s no longer an authorized distributor
Until May 2020, US-based FlackTek Inc. had served as an authorized distributor of Hauschild’s genuine SpeedMixer machines. In 2020, the parties agreed to terminate their relationship, ending FlackTek’s status as an authorized distributor of genuine SpeedMixer machines. Before the termination, and in breach of the contact with Hauschild, FlackTek released and started selling a competing product under the SpeedMixer mark without Hauschild’s consent or knowledge. As a result, Hauschild was forced to file a lawsuit in the United States District Court in Colorado against FlackTek and its affiliates, FlackTek Manufacturing, Inc. and FlackTek SpeedMixer, Inc., arising out of their attempts to misappropriate and infringe Hauschild’s SpeedMixer trademark and to unfairly compete against Hauschild.
Since May 2020, therefore after the termination, Hauschild has found several irregularities in relation with its devices sold by FlackTek and misleading advertisement on the Internet.
- Devices sold with different labelling and carrying the name of FlackTek although produced and branded by Hauschild.
- Devices with unauthorized modifications.
- Devices with altered year of production. FlackTek uses fake labels carrying Hauschild name and logo, but with a production year later than he real one.
- False conformity certificate issued in the name of Hauschild and carrying the name of a FlackTek employee.
Direct sale and support of customers by Hauschild Engineering
“Genuine Hauschild SpeedMixer® machines should only be serviced by authorized service representatives using genuine Hauschild parts and technology, as this is the only way to ensure Hauschild SpeedMixer® machines operate at manufacturer-supported, high-quality standards. Consumers should be warned that, if approached by a FlackTek representative, genuine Hauschild SpeedMixer® machines do not need to be replaced by FlackTek’s new machines, which are not made in Germany and are not backed or supported by Hauschild, and do not use genuine Hauschild parts”, says Fabio Boccola, CEO of Hauschild.