Longchamp warning letter received from KLAKA Rechtsanwälte due to le Pliage plagiarism?
In the event of warnings from Longchamp, it is best to seek help from a specialist lawyer!
We provide immediate and uncomplicated assistance if you receive a Longchamp warning letter from Longchamp SAS with the accusation of offering counterfeits by KLAKA Rechtsanwälte.
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.
After expiry of the set deadline, you must expect that KLAKA will assert Longchamp's rights by way of preliminary injunction or a lawsuit. The matter then becomes several thousand euros more expensive.
What is the accusation in the warning letter for 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 - in this case: 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 claims under competition law, Longchamp can also rely on protection under registered Designs to fall back on.
The competitive nature of Longchamp Le Pliage bags
- 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 warning letter: What are the claims?
- 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.
- Costs of the warningusually from a Value in dispute from 150.000 € or 250.000 €.
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