Hamburg local division imposes penalty payments on Ningbo Blue Pluser in Brita case

The dispute over filter cartridges between German water filter manufacturer Brita and Ningbo Blue Pluser has entered a new phase. On 15 July 2026, the Hamburg local division ordered the Chinese company to pay penalty payments of €97,500 for breaching an injunction and €105,000 for failing to comply with an information order. The court also threatened further daily penalty payments of €2,000 for continued non-compliance (case ID: UPC_CFI_1881/2025).

Presiding judge Sabine Klepsch, legally qualified judge Stefan Schilling and legally qualified judge Mojca Mlakar issued the order.

The decision builds on a preliminary injunction that the Hamburg local division had granted in December 2025. That order prohibited Ningbo Blue Pluser from offering, marketing or importing a specific water treatment device with a filter cartridge in 14 UPC member states, including Germany, France, Italy, and the Netherlands. The court based the injunction on EP 2 131 940, which protects a locking mechanism for filter cartridges.

Continued advertising online

According to the recent order, Ningbo Blue Pluser expressly waived its right to apply for the injunction to be set aside in January 2026. However, after settlement negotiations failed, the Chinese company neither provided the required information on the origin and distribution channels of the infringing products nor paid the procedural costs of €34,700.

The Hamburg court had already imposed a first penalty payment of €1,000 per day in May 2026. As Ningbo Blue Pluser continued to remain silent, Brita filed a further application in late May 2026, arguing that the Chinese company was still advertising the infringing products on the websites cnwaterfilter.com and de.ruwaterfilter.com. The sites are operated in several languages, including German, and provide various contact channels for European customers.

The Hamburg judges found that this online advertising constituted a breach of the injunction. Referring to previous UPC case law, including the Court of Appeal decision in Kodak vs Fujifilm and its own order in Occlutech vs Lepu Medical, the court held that the burden of proof lies with the defendant if the infringing offering is alleged to be new. As Ningbo Blue Pluser did not respond, the court assumed continuous infringement over 195 days since formal service of the injunction on 31 December 2025.

From Fileder to Ningbo

The proceedings against Ningbo Blue Pluser were preceded by a parallel case against Polish company Fileder Filter Systems Spółka. On 6 November 2025, the Hamburg local division had granted Brita a PI against Fileder, also based on EP 940, covering the same 14 member states (case ID: UPC_CFI_1443/2025). In that case, the court also ordered the surrender of the infringing products to a bailiff and required Brita to provide security of €50,000.

After service of the Fileder order, the Polish company disclosed that Ningbo Blue Pluser was the manufacturer of the infringing SPECTRUM Serve cartridges. Brita then issued a warning letter to the Chinese company on 25 November 2025. Ningbo Blue Pluser responded by email on 2 December, expressing regret and declaring it would cease manufacturing the products, but did not submit a cease-and-desist declaration. Brita subsequently obtained the PI against Ningbo Blue Pluser without an oral hearing and without the requirement of a security.

The order forms part of a wider campaign by Brita against several competitors challenging its market share in filter cartridges. Previously, the Düsseldorf local division ruled in Brita’s favour against Wessper in a dispute concerning EP 1 748 830, finding indirect infringement and clarifying the exhaustion rule under Art. 29 UPCA for replacement parts. The Munich local division had reached a similar conclusion in proceedings between Brita and Aquashield.

Bird & Bird for Brita

A Bird & Bird team led by Düsseldorf-based partner Oliver Jüngst represented Brita at the Hamburg local division. Lucas Brons and Hamburg-based patent attorney Felix Harbsmeier provided support.

In other UPC proceedings, Brita relies on Meissner Bolte. The mixed firm represented the client in the Düsseldorf case against Wessper. Meissner Bolte is a long-standing prosecution adviser to Brita and also represents the company in the Aquashield proceedings in Munich.

According to the court order, SZA Schilling Zutt & Anschütz initially represented Ningbo Blue Pluser. Partner Jonathan Drescher and Philipp Herrmann represented the Chinese company. However, SZA terminated its mandate by letter of 24 February 2026, stating that any further correspondence should be sent directly to Ningbo Blue Pluser.

The Chinese company has since not engaged new counsel and has not responded to the court’s requests. The judge-rapporteur has nevertheless made clear that the former representatives remain responsible for communication between the court and the defendant.