Who Owns Disc? Who Must Lead These Names?

Posted on September 18, 2014 in General by

Federal Court of Justice confirmed: the rights of the German brand names disc and disc-training available to Inscape publishing. The Federal Supreme Court in Karlsruhe ruled that the Persolog GmbH, Remchingen, the rights to the German brand name disc and disc-training on the Inscape Publishing Inc., Minneapolis, Minnesota, United States, must be transferred. Therefore, henceforth only still Inscape and partner authorized by the company can distribute products with this brand name in Germany. Persolog does not includes. With this judgment decision goes a years of litigation between Inscape and Persolog, the successor to a former Inscape licensee, to end.

It has following roots: developed and marketed in Germany under the name disc and DiSC personality test has become known was at first under the name DiSC from Carlson learning company, the legal predecessor of Inscape, in the 1980s in the United States. Early 1990s left the former German licensee without the knowledge or consent of the Licensor’s disc and disc brand names-enter training with the German patent and Trademark Office and marketed from then on the test as well as the it-based training under this name. Had after 2003 that business relationship between Inscape and his previous licensees was completed, Persolog transferred these names and used them, according to Hans Jakob Walhovd, henceforth for own products for the marketing of products that were not of Inscape and previously also not name disc Managing Director of the European Inscape daughter Inscape partners international ApS, Taastrup (Denmark),”. This led, so Walhovd, customers in the German-speaking again to confusion. Many thought that DiSC and disc are identical products, also because of same pronunciation of the name, although both simplified formulated only largely refer to same psychological theories.” The Inscape spokesman about this now confirms BGH Inscape as proprietor of the trade marks and Persolog is accordingly pleased to the Publication of the brand name disc has condemned. This provides clarity and transparency in the market.” For trainers and consultants, this means: you may henceforth with the brand name disc only Inscape products offer and market. To licensee by Persolog applies: you can continue to the Persolog-products offer these may no longer apply with the brand name disc and disc training.

From this, so market experts, for some trainers and consultants could adult disadvantages because disc or DiSC is a brand very established in the German-speaking countries, which has a high acceptance among corporate customers. Value sets”Inscape publishing because the fact that there had been not a target of the dispute, trainers and consultants who work often for years with disc, avoiding a pillar of its professional existence. Finally she had helped with that disc has developed into a strong brand in Germany”, stresses such as Hans Jakob Walhovd. Was important us instead to finish a years of limbo in which “our licensees their customers had to explain again and again, what is the difference between disc and DiSC and the DiSC test being the original.” According to cooperatively Inscape will be trainer that have occurred so far as DISG-trainer on the market and this term may no longer carry, would acquire a disc – or DiSC certification for example at the current Inscape partners in Germany Voss + partner, Hamburg (www.voss-training.de), and GEDAM ManagementTools, Sulzfeld (www.gedam.de). The same applies of course company. Voss + Partner GmbH, Hamburg