Longchamp Warning by KLAKA Rechtsanwälte because of le Pliage plagiarism?
In the event of warnings from Longchamp, it is best to seek help from a specialist lawyer!
You should take Longchamp warnings seriously!
KLAKA Rechtsanwälte is one of the most diligent warning letter law firms in Germany. Every year we receive dozens of warning letters from BMW or Longchamp.
The warnings that KLAKA issues for Longchamp mostly concern the protection against imitation under competition law. This is also referred to as supplementary protection under competition law.
The rights holder of the trademark Longchamp through the Law firm KLAKA accused of violating Competition law or Design law to have violated and Plagiarism the Handbag "Le Pliage" or "Le Pliage Cuir" offered or imported or sold to have.
All known Longchamp warnings have been developed by Lawyer Dr. Stefan Abel pronounced.
Once the deadline has expired, you must expect KLAKA to enforce Longchamp's rights by means of an injunction or legal action. The matter will then become several thousand euros more expensive.
What is the accusation in the Warning because of imitations of Longchamp Le Pliage handbags?
The special feature of Longchamp cease-and-desist letters is that they are not based on trademark law or design law, but on protection against imitation under competition law.
Goods have this protection against imitation under competition law - here: luxury handbags - if they have a certain reputation and are known via Competitive character have.
Competitive originality means that the concrete design of the or certain characteristics of the product are so "unmistakable" that these characteristics draw the attention of the targeted, interested public to the operational origin of the goods point out.
In addition to competition law claims, Longchamp can also rely on protection from registered trademarks. Designs to fall back on.
The competitive nature of Longchamp Le Pliage bags
The competitive character of the Longchamp handbag Le Pliage results from the Interaction of some features. According to the lawyer Dr. Stefan Abel from KLAKA Rechtsanwälte, the following features are in the foreground:
- trapezoidal body with vertical sides shorter than horizontal sides;
- tubular leather handles,
- with flat ends that become narrower towards the bottom,
- which are attached to the outside of the body and directly under the top;
- Leather flap between these handles,
- which, when viewed from the front, has the shape of a rounded horizontal rectangle and
- has a shiny metallic press stud;
- Leather trimmings at both ends of the top.
When is the sale of handbags in the style of a "Le Pliage" or "Le Pliage Cuir" legal?
Claims under competition law only exist if the person being warned is acting commercially. The mere private sale of a counterfeit can therefore not be prohibited.
Also Traders are allowed to sell Longchamp products. However, this is only possible with the consent of the rights holder, in this case Longchamp SAS.
However, an exception is made in trademark law, competition law, copyright law and design law. Exhaustion of intellectual property rights. This occurs if the rights holder has already profited from the value of the trademark or other right, i.e. if it has already been sold legally.
Nobody can prohibit you from selling original products that you have legally purchased yourself!
Case constellations for Longchamp warnings
Contents of Longchamp warnings from KLAKA for Longchamp SAS is actually always the accusation of Introduction or the Offering from Plagiarism.
Border seizure of Longchamp counterfeits
Many of our cases begin with a Border seizure by customs. Our clients are accused of the following, Counterfeit products illegal into the Federal Republic of Germany introduced and thus Rights of Longchamp SAS to hurt.
Longchamp imitations in fashion boutiques
However, clients often also contact us who only need a small boutique in the pedestrian zone and have bought just one or two handbags for their store.
Aim of the Longchamp warnings are rarely the manufacturers of these counterfeits. They are almost impossible to find in China or elsewhere in Asia. It is therefore more common for smaller Retailer with Fashion boutiques or from the Online trading.
It is for KLAKA Attorneys at Law irrelevant that the counterfeit samples do not match the original exactly. Even the approximate similarity to some of the above-mentioned features is sufficient for the accusation of counterfeiting in the Competition law.
The situation is similar with the Design infringement: here it is sufficient that the handbag compared to the original "no other overall impression" show"
Longchamp WarningWhat are the demands?
KLAKA demands everything that a rights holder can demand from the infringer on behalf of Longchamp SAS:
- Complete Removal - i.e. removal - of the handbags from your store or online store.
- Omission the import or sale of the goods by submitting a Cease and desist declaration.
- Information about the origin of the Longchamp counterfeits by a Right to information.
- Publication of handbags for Destruction.
- Payment of the Claim for damagess to Longchamp.
- Cost of the Warningusually from a Value in dispute from 150.000 € or 250.000 €.
Do I need a Cease and desist declaration hand it in, provide information, send all the bags to Longchamp and transfer a large sum to KLAKA Rechtsanwälte?
In order to check whether the claims that Longchamp Towards you through KLAKA Attorneys at Law is justified, the allegation should first be made via a Competition law and Design law experienced Lawyer be checked.
Often lies No infringement at all before. Attorney Robert Meyen is Specialist lawyer for intellectual property rights and therefore a specialist for such cases.
Can I use the enclosed Cease and desist declaration and save money?
A experienced lawyer in competition law On the other hand, however, he only promises the other party as much as he is legally obliged to promise, Cease and desist declaration. Send your warning using our form and receive a free initial assessment.
What does marken medien meyen do when I use the brand law firm for my Longchamp Warning commission?
They are Five test steps for the Specialist lawyer required:
- Commercial trading respectively Acting in the course of business - Have you traded in handbags for business or as a private individual?
- Concrete competitive relationship - Are you in any kind of direct or indirect competition with Longchamp?
- Competitive character pursuant to § 4 No. 3 UWG
- Imitation or parallel creation?
- Avoidable misrepresentation of origin
- Reputation utilization or Reputation impairment
- How is the Scope of prohibition - What can Klaka and Longchamp actually prohibit?
It is not enough to simply delete all the offers that Longchamp has included in its Warning has complained. This is because the owner of the design wants to be sure in this case that such a Infringement of his intellectual property rights not repeated. One speaks of Risk of repetition.
Often, the warning letter attached by the Cease and desist declaration beyond the actual scope of the prohibition and unnecessarily restricts you for the future. In this case, it is advisable to make a decision in your favor. Modified cease-and-desist declaration to hand in.
One Cease and desist declaration must be serious. Serious means that it permanently deters the debtor from further infringements of the law.
The Risk of repetition can therefore only be effectively excluded if you have a Contractual penalty in the event of a repetition of the trademark infringing or design infringing act promise. How high such a Contractual penalty and in which cases it should apply is the lawyer's trade. Too low or "wrong" Contractual penalty leads almost surely to Lawsuit or preliminary injunction and to Costs in the five-digit range.
Let Robert Meyen, specialist lawyer for intellectual property rightsadvise and defend. Contact us here.
Many of our clients take part in Warnings through Longchamp the Right to information not serious.
Depending on the type of claim for information, the Rights infringer all documents and data relating to sales of the goods concerned disclose. This includes invoices, a precise indication of the number of sales up to the Accounting and, in the worst case, the surrender of the profit made.
In addition, the infringer of the Intellectual property rights obliged to disclose where the counterfeits originally came from. Here special Caution as the opposing side has a Action for information which the infringer of competition law, quickly far more than 5.000 € can cost.
It goes without saying that the Costs the Lawyers for the Warning which are carried in a Value in dispute from 150.000 €, 200.000 €up to 500.000 €, are extremely high. We hardly believe that Klaka Rechtsanwälte will negotiate with private individuals in view of the brand's reputation.
We take over the defense of your Longchamp Warning against Longchamp SAS and KLAKA Attorneys at Law
You can rest assured that we will handle your matter conscientious and fast edit. This increases the chances of Significant costs for the other party to lower.
Please do not defend yourself: Amateurish and unlegalistic arguments provoke the opposing lawyers and will not get you anywhere!
In the worst case, you may even weaken your position.
You will most likely find yourself in a very expensive process in court which will quickly inform you about 10.000 € will cost.
Longchamp Warning: Better to go directly to a specialist lawyer!
We would be happy to represent you nationwide in your case against the law firm KLAKA Rechtsanwälte. For a non-binding initial consultation, please use our Contact form or write - preferably with the Warning as an attachment - to firstname.lastname@example.org.
Our initial - non-binding - assessment is free of charge and without obligation.