Circulating Pumps

"NOTICE BY ORDER OF THE COURT

The Intellectual Property Enterprise Court of England and Wales found that Grundfos Holding A/S has a legitimate reason to oppose further dealings by Abcot U.K. Limited (trading as EuroBoilerParts) in certain pumps (set out below) under its trade marks rights. These pumps had been sold in a modified condition and/or in a manner which was not compliant with the Electrical Equipment (Safety) Regulations 2016 ("EER") which engages Grundfos' rights under section 12(2) of the Trade Marks Act 1994 (the "Act"). The sale of these pumps in this manner infringes Grundfos Holding A/S's trade marks UK00000856108, EU006654339 and EU002171833*.

1) PU.790 Grundfos Pump. The batch and product numbers had been concealed on this pump. It was supplied without instructions or safety information, in breach of the EER. This pump was also sold with a third-party wire attached to it without Grundfos's consent which is a modification under the Act.

2) PU.120-5 Grundfos Pump 1" 5M Plastic Body Replacement Grundfos Bronze Pump. This pump was supplied without: instructions or safety information; a declaration of conformity; or a CE mark, in breach of the EER. The original cast iron pump housing had been replaced with a plastic housing constituting a change in condition under the Act.

3) PU.130-5 Grundfos Pump 1 1/2" Plastic Body Replacement for Grundfos Bronze Pump. This pump was supplied without: instructions or safety information; a declaration of conformity; or a CE mark, in breach of the EER. The original cast iron pump housing had been replaced with a plastic housing constituting a change in condition under the Act.

4) PU.315 Grundfos HE UPM3 AUTO L 13-70 130 ZZZ. This pump was supplied without instructions or safety information or a declaration of conformity in breach of the EER.

5) PU.300 Grundfos Pump Ideal Pump Head Kit 177925 Grundfos UPM. This pump was supplied without instructions or safety information or a declaration of conformity in breach of the EER. This product was sold by Grundfos as a complete unit but had subsequently been sold in a modified condition as a pump head only.

6) PU.750 Pump Compatible with ¾" Vaillant Pump. This product was sold with brass fittings which were not manufactured or consented to by Grundfos and had therefore been modified under the Act.
 

The Judgment can be found here: https://caselaw.nationalarchives.gov.uk/ewhc/ipec/2021/3779

* following the end of the transition period of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, the marks EU006654339 and EU002171833 have comparable trade marks UK00906654339 and UK00902171833 respectively, each with the same filing and registration date."