Call it the case of the poison pens: Montblanc has slapped rival pen maker A.T. Cross with a lawsuit that that alleges trademark infringement and false advertising.
Montblanc North America, known for its ultra luxurious pens that sell for thousands of dollars, accused A.T. Cross Company, itself an upscale pen maker, of unlawfully using the Montblanc logo on packaging for ink refills and of pen designs that mimic Montblanc’s trademarked triple gold bands and elliptical design.
Tina Benik, vice president of A.T. Cross’ legal department, didn’t return two calls seeking comment.
Counterfeiting and trademark infringement has become an increasingly large problem for luxury goods manufacturers, who depend on tight quality control and limited distribution to keep their brands exclusive.
But in this case of the dueling pens, both Montblanc and A.T. Cross have storied histories and high-quality brands to protect.
A.T. Cross, of Lincoln, R.I., was founded in 1846, predating Montblanc by 60 years. Cross, according to its Web site, pioneered early developments in writing tools, including the Stylographic, a precursor of the ballpoint pen.
Founded in Hamburg, Germany in 1906, but now part of Swiss luxury goods maker Compagnie Financiére Richemont, Montblanc has come to be synonymous with luxurious pens, or “writing instruments” as the company likes to call them, such as its signature Meisterstuck design, first introduced in 1924.
“Cross is a recognized brand, and what they are doing is trying to skim some of our sales and profits,” said Jan-Patrick Schmitz, the president and chief executive of Montblanc North America.
The lawsuit, filed in United States district court for the Southern district of New York, accuses Cross ofselling ink refills packaged in a way that “makes prominent and multiple use of the Montblanc trademark,” giving consumers the false notion that the refills were made by or endorsed by Montblanc.
In what the lawsuit says is a more blatant form of trademark infringement, Cross manufactured a line of pens called Omni that use a triple gold mark and elliptical, pen-clip design that is almost identical to Montblanc’s trademarked look.
The Cross Omni pen was offered to American Express cardholders for $4.99 as part of a special promotion.
Schmitz said a Montblanc ballpoint of the same design would cost $235.
Montblanc said it first made formal complaints to A.T. Cross in November 2003. According the lawsuit, Cross responded with two separate letters, one from the assistant general counsel, the other from the president, both of which assured Montblanc that steps were being taken to address some of the packaging issues.
Since then, the lawsuit states, Cross has “failed to make the promised changes.”
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Tale of the Tape
COMPANY: A.T. Cross
FOUNDED: 1846
CEO: David G. Whalen, 46
HEADQUARTERS: Lincoln, R.I.
SALES: Up 7% for year in 2003
MARKETING HOOK: A Cross pen and a high school diploma make a perfect match.
COMPANY: Montblanc-Simplo
FOUNDED: 1906
CEO: Jan-Patrick Schmitz, 36
HEADQUARTERS: Hamburg, Germany
SALES: Up 18% between April and August
MARKETING HOOK: Some of the greatest treaties have been signed with Montblanc pens.