Delphi has successfully represented Lindex Sverige AB in the Patent and Market Court

Delphi, through Louise Sundström, Emil Andersson, Anna Ersson, Sebastian Torres and Linda Johansson, has successfully represented Lindex Sverige AB in a dispute concerning Lindex’s communication regarding period underwear under the brand Female Engineering, in which Essity Hygiene and Health AB was the opposing party.

The background to the dispute is, in essence, that Essity claims Lindex’s period underwear gives the impression of being intended for a disease or disability, as the products are marketed as also being able to absorb minor urine leakage. Based on this, Essity argues that the products qualify as medical devices and that terms such as “urine leakage” may not be used in the marketing of the underwear, which are not CE-marked as medical devices. Lindex, on the other hand, maintains that the period underwear does not constitute medical devices, particularly given that women may experience some urine leakage without it being considered a disease or disability. Therefore, Lindex argues that marketing the underwear using terms like “urine leakage” should not be considered misleading or improper. The court ruled in Lindex’s favor on all essential points – an important decision that reinforces Lindex’s continued efforts to challenge norms and improve women’s everyday lives. Essity was also ordered to pay Lindex’s legal costs.

Lindex is one of Europe’s leading fashion companies, with approximately 440 stores across 17 markets and online sales. Lindex is a wholly owned subsidiary of Lindex Group Plc.