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First Dart Sues DSM Dyneema in United States

DSM Dyneema has been hit with a lawsuit that could result in it paying out multmillionm dollor costs and damages in its dispute with First Dart over alleged trademark abuses.


First Dart ( fishing line maker from Singapore ) has filed a complaint against the global brand in the United States district court for the eastern district of Northern Carolina where DSM Dyneema has its North American headquarters


First Dart was the subject of a press release from DSM Dyneema in Novermeber last year in which the Netherlands-based conglomerate claimed that it ahd taken action against First Dart at a fishing show in China for alleged trademark misuse.


A Fisrt Dart spokesman said:”Following the unfounded allegations made against us by DSM in its press release we and our attorneys have on numerous occasions attempted to contact DSM and have it remedy the harm caused by its false and misleading atatements to the public.


“DSM has failed to respond substantively to our letters and inquiryes. While we hoped to avoid time consuming and expensive litigation, DSM’s refusal to engage First Daret in substantive discussion over these issues leave us with no alternative other than to seek the assistance of the courts.”


The dispute follows the 2011 Fishing Show in Langfang during which DSM Dyneema claimed that representatives of the local Administration of Industry and Commerce ( AIC), working in co-operation with its IP agent, seized a range of material from the First Dart booth that we alleged to be falsely using its trademart.


DSM subsequently issued a press release outlining the alleged “events” at the show and stating that First Dart had been prohibited from making further displays of the alleged infringing materials.


First Dart has always strenuously denied that any action was taken against it at Langfang and has called on DSM to set the record straight.


Its Group Marketing Manager, Simon Henton, told Angling International at the time that he was shocked by the allegation. He said: “ It in no way reflects the way we run our company.”


The company subsequently issued a press release of its own firmly rebuting all allegation, saying it had written confirmation from the exhibition organiser which stated it wa not aware of any action taken against the company.


First Dart is taking action in a US court because it has ‘significant’ business in North America and is seeking redress where the dispute has extensive potential to damage its business.


It will be asking a judge to order DSM to publicly apologise for its actions and rule on what punishment the court sees fit.


If DSM is found guilty it would clear the way for First Dart to seek compensation for loss of business as a result of the press release. DSM Dyneema could also be ordered to pay punitive damages as well as actual damages with a multimillion dollar figure being likely.


Henton told Angling International: “ The company has had a significant amount of emails from current and potential customers asking us what is going on. It was also a major topic of conversation at China Fish.


“There is no doubt that all the uncertainty has had a detrimental effect on our business.”


Angling International contacted DSM Dyneema,but at the time of going to press the company had no comment to make.


Refereed from Angling International