FRANKFURT, Germany - An article posted to AVN.com on March 28, 2008 regarding a court order issued in the case of pjur Group Luxembourg S.A. v. Megasol Cosmetic GmbH misstated several facts.
First, with regard to the use by Megasol of the trademark "EROS" on lubrication products, as well as the use of the art referred to as the trademarked "butt and back body silhouette," the AVN.com article was incorrect in stating that "an injunction" had been issued "against Megasol" prohibiting the company from using those trademarks "in any future sales and marketing efforts."
In fact, the order issued by a judge in the 6th Civil Division of the District Court of Frankfurt/Main was an "interlocutory" or "preliminary" injunction, not a permanent injunction; was issued without a full hearing on the issue; and was based solely on the representations of pjur Group's attorneys without giving Megasol's attorneys a chance to respond to pjur Group's charges. Megasol has appealed that interlocutory injunction.
Importantly, the interlocutory injunction does not prohibit Megasol from using either the EROS or the "butt and back body silhouette" trademarks in any future sales and marketing efforts on Megasol's own line of EROS products sold in Germany or elsewhere.
Also, the interlocutory injunction makes no determination as to the underlying issues in the litigation between pjur Group and Megasol, which has been ongoing for nearly a decade, and an attorney for Megasol states that "Megasol continues to litigate this case vigorously over the ownership rights to the EROS trademarks."
AVN.com regrets the errors in its previous article, which has been removed from the AVN.com archives.
