last update: 09.12.2024
Some time has passed since the publication of the first part of this summary (https://paniverse.org/panart-vs-hcu-chronological-en/) of events surrounding the legal dispute between the HCU (an association of some handpan manufacturers and dealers) and PANArt, the inventors of the HANG®.
An OVERALL SUMMARY (09.2020 – 12.2024) can be accessed or downloaded as a PDF file including all active article links at the following link: HCU vs. PANArt – a chronological sequence of events (last update: 09.12.2024)
Since September 21, 2023 – the last of the two days of the Bernese Higher Regional Court hearing – a number of ‘process-relevant’ events have taken place that are worth publishing in order to avoid those interested in the case losing sight of the bigger picture.
LINK: check the first part of this summary
21.09.2023
During the hearing in Bern, PANArt made an offer in the settlement negotiations between the parties in dispute, which the Swiss judges had been seeking. This offer (forming the ‘Ding’ as an impex, i.e. an indentation) was rejected by the HCU. The hearing and proceedings have been closed. The judgment is expected in summer 2024.
09.2024
“Handpan.World” – a successful German handpan wholesaler and at the same time the main instigator of the legal dispute on the subject of “intellectual property” and “applied art” (see: 15.9.2020 –
The legal situation of handpans in general becomes clearly more than questionable due to a German court decision … at part1 of this summery) files a motion with the lawyers of the HCU (Bird&Bird) to cancel the HANG® trademark in court. In a statement, the HCU claims to have had nothing to do with this application and to have known nothing about it in advance. The application was signed by the same HCU lawyers who brought the lawsuits against PANArt in Bern !?
<<Recently there has been an application for cancellation of PANArt’s brand by Emanuel Eitle of World of Handpans. HCU is not involved in this action and we do not condone or support it….>>
02.2024
PANArt is surprised about this new attack and publishes a short statement about this attack on the protected trademark Hang®:
https://panart.ch/en/articles/%C3%BCberraschender-angriff-auf-die-marke-hang
02.07.2024
The Higher Court in Bern publishes the judgment of the hearing and confirms that the Hang® is clearly a work of applied art, and thus a protected work. The lawsuit brought by the HCU is dismissed and explained in a 95-page statement by the Swiss judge. The payment of the legal costs are imposed on the community of plaintiffs around the HCU.
PANArt publishes a statement (07.07.2024) on the judgment:
09.07.2024
The HCU publishes a short statement on the verdict, is positive about the outcome and announces that it will need more money to continue its legal action against PANArt – but without quoting or publishing the verdict.
16.07.2024
PANArt publishes the verdict of Bern in full. The 95-page verdict is described and explained in all detail.
<<Protected design features: (i) basic lenticular shape consisting of two synclastic spherical segments, (ii) central dome, (iii) opposing sound hole and (iv) circular tone fields on the upper spherical segment. The corresponding claims of the plaintiffs must therefore be rejected.>>
29.07.2024
HCU publishes two further statements about “LEGAL ADVICE FOR HANDPAN BUILDERS: UNDERSTANDING THE PANART COPYRIGHT LAWSUIT” and “HCU STATEMENT REGARDING SETTLEMENT WITH PANART“
https://mailchi.mp/hcu/legal_issues_settlement_talks?e=fdb7ca1a84
17.09.2024
PANArt sends letters to handpan manufacturers and dealers, pointing out the alleged consequences of the Bern ruling. As far as known, only a few of the recipients of this letter respond to PANArt.
Letter to the Handpan Manufactures and Dealers
03.10.2024
The HCU announces that it will file an appeal against the judgment in Bern (the Hang® is a protected work of applied art) at the Swiss Supreme Court and states in a newsletter that the letters sent by PANArt spread untruths.
The HCU decides to file an injunction (for ‘threat’ and assertion of false facts) against PANArt because of this letter and requests cooperation.
10.10.2024
PANArt reacts to the newsletter of the HCU: <<Finally, the HCU has raised allegations regarding an e-mail in which we informed handpan distributors and makers in Europe about the Bern ruling. We are pleased that the Bernese judges have recognized our work,and we see it as our right to inform people about this copyright recognition….>>
https://panart.ch/en/news/stellungnahme-zum-hcu-newsletter-vom-oktober-2024
10.10.2024
PANArt publishes that the application for cancellation of the Hang brand has been rejected. <<…The applicant, Mr Emanuel Eitle (owner of Handpan.world), was represented by Mr Dissmann (Bird & Bird, lawyer for the Handpan Community United). Fortunately, after a thorough examination, the office rejected the application for cancellation for the goods relevant to us. Our ‘Hang’ brand has emerged strengthened from this…>>
https://panart.ch/en/news/erfolgreiche-verteidigung-der-marke-hang
09.10.2024
AYASA, the Dutch handpan and largest handpan raw shell manufacturer, together with the HCU lawyers from Bird&Bird, are filing an ‘application for a temporary injunction’ against Felix Rohner (part of PANArt) with the Düsseldorf District Court for unfair competition.
The District Court of Düsseldorf refers ‘Bird&Bird’ to the jurisdiction of the Higher Regional Court of Cologne – where the case will also be heard.
29.11.2024
In Cologne, the injunction filed by HCU against PANArt/Felix Rohner will be heard.
The official verdict is expected on December 20, 2024. It is very likely that the injunction filed by the HCU will be rejected in its entirety…
The Swiss Federal Supreme Court in Lausanne is expected to announce its final decision on the HCU’s appeal against the Bern ruling in the summer of 2025. Since the Supreme Court usually only examines the formal errors in the judgment-rendering process when hearing complaints about judgments, it seems extremely unlikely that the Bern judgment will be changed in any way.
LINKS:
Handpan Timeline – https://handpan-timeline.org
PANArt – https://panart.ch
HCU – https://hcu.global
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