New York Federal Court Awards Swiss Army® Knife Maker Damages and
Injunctive Relief to Recall Counterfeit Products in Trademark
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
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
Victorinox Swiss Army Inc.
Rachael Lyon, 917-515-2372
of Public Relations