Do you have a BMW Warning from KLAKA Attorneys at Law?
Put your trust in lawyer Robert Meyen, specialist lawyer for intellectual property law and specialist for trademark law
If you have a BMW Warning through KLAKA Attorneys at Law on behalf of the Bayerische Motorenwerke AG about the unlawful use of the luxury car brand BMW, we can help you.
Attention: Take the BMW Warning seriously!
When our clients need a Trademark warning from BMW, you usually complain about the warning letter or its lawyers. There is often talk of rip-off artists and Fraudsters. We cannot confirm this at KLAKA and BMW.
These are always serious allegations. They are made by the trademark owner of the trademark BMWthe Bavarian Motorenwerke AG through the Law firm KLAKA accused of violating Trademark law, Design law or Competition law to have violated the law.
In our experience, lawyers in particular are Dr. Ralf Hackbarth and Florian Schmitt-Sauerhöfer responsible for BMW warnings at KLAKA.
The Bayerische Motorenwerke AG is Trademark owner numerous Union stamps and national brands.
BMW has the Law firm KLAKA (Munich and Düsseldorf) instructed to oppose all imports and Offers of counterfeits to proceed.
You will be given the Infringement of trademark rights or design rights of the registered trademark "BMW" or and the likewise registered trademark "BMW turbine" or the Sports car brand "M" by BMW.
If you do not react, a Lawsuit or preliminary injunction from BMW in your mailbox. We are not aware of any case in which BMW simply "let the trademark infringer go".
Why do I have a Warning for trademark infringement of a BMW brand?
BMW has probably received information from customs that suspicious goods have been confiscated there. Or you have incorrectly labeled spare parts in sales auctions.
As part of a Trademark infringement the seller can in principle only be held liable if he businesslike trades in goods or services.
Private sellers or private individuals, on the other hand, cannot commit a trademark infringement. Nevertheless, BMW frequently issues warnings here too!
The fact that BMW has sent you a warning indicates that you are being accused of acting in the course of trade.
BMW Warning: Permitted use of BMW trademarks
Also Traders are allowed to sell BMW products. However, this is only possible with the consent of the rights holder of the brand.
An exception to the authorization requirement is the Exhaustion of the trademark rights. This occurs when the trademark owner has already profited from the value of the trademark, i.e. when the goods have been lawfully sold. The principle of exhaustion also applies in design law.
So no one can forbid you from selling original products that you have previously (legally) purchased yourself!
Another exception is the so-called mere brand name. Of course, you may indicate that your vehicle parts are intended for installation or use in a BMW vehicle.
BMW can ban gray imports!
However, this only applies to Original productswhich, with the permission of the rights holder, are included in the EU respectively in the European Economic Area were introduced.
So-called Grey imports can be prohibited by the trademark owner! An original BMW part from China is therefore not an original in the sense of trademark law.
The content of BMW warnings is regularly the accusation of Introduction or Offering from Plagiarism. We had cases with different Counterfeits or also Reimports from China / Asia from several Spare parts like Light bulbs, lights, keys and key rings.
Aim of the BMW warnings are rarely the manufacturers of these counterfeits. Smaller companies are more often Retailer with eBay or Amazon.
What do KLAKA and BMW mean by "Risk of confusion"?
In the Trademark law is Risk of confusion the decisive criterion when assessing a trademark infringement. This is also the case if vehicle parts are not sold with the original logos, but with logos or designations which, on cursory inspection, are at least remember BMW. Conversely, it may exist if parts are sold that are not protected by BMW trademarks.
BMW WarningWhat can I expect?
KLAKA demands everything from BMW that a trademark or design owner can demand from the infringer:
- Complete Removal ( removal) of the warned offer.
- Omission the import or sale of the goods by submitting a Cease and desist declaration.
- Information about the origin of the goods by a Right to information.
- Publication of plagiarism for Destruction.
- Payment of the Compensation for damagesdemand to Bayerische Motorenwerke.
- Cost of the Warningusually from a value in dispute of 250.000 €. In rare cases, however, the amount in dispute can also be 150.000 € or even with 500.000 € lie.
Do I need a Cease and desist declaration hand it in, provide information, send all the goods to BMW and transfer the large sum to KLAKA Rechtsanwälte?
In order to check whether the claims that the BMW AG Towards you through KLAKA Attorneys at Law are justified, the allegation should first be investigated via a in the design and lawyer experienced in trademark law be checked. After all, there is often no infringement at all. Particularly suitable for this check is a Specialist lawyer for intellectual property rights.
Can I use the enclosed Cease and desist declaration and save money?
Sign never the required Cease and desist declaration. It often goes beyond the actual trademark infringement.
We strongly advise against taking action yourself in such a case, because in trademark law it is almost impossible for a layperson to take action against the opposing experts and Lawyers to decide such proceedings in your favor. Let us, experts in trademark law, represent you profitably. Contact us here.
What does marken medien meyen do when I use the brand law firm for my BMW Warning commission?
As a result 5 test steps for the Trademark attorney necessary:
- Character similarity - Is your product marked with an "M", the character string "BMW" or the BMW logo?
- Similarity of goods - Is your product similar to a product that is Register of goods and services is specified by BMW?
- Use of the sign in the course of trade - Have you traded in vehicle parts for business purposes or as a private individual?
- Brand use - was the "M", the BMW turbine or the string "BMW" actually used in the manner of a trademark?
- Exceptions under trademark law - There are some exceptions in §§ 22, 23 MarkenG where there is no trademark infringement.
BMW Warning: What is a modified Cease and desist declaration?
It is not sufficient to delete all offers that BMW has included in its Warning has complained. This is because the owner of the trademark rights wants to be certain in this case that such a Infringement of his trademark rights not repeated. One speaks of Risk of repetition. However, this can certainly only be achieved by penalized and valid for life Cease and desist declaration be eliminated.
However, BMW is not entitled to claim that you have exactly the Cease and desist declaration which KLAKA has developed with the Warning has sent. Instead, you can send a so-called Modified cease-and-desist declaration which does not promise a bit more than the statutory entitlement covers.
The enclosed Cease and desist declaration often goes beyond the legal claim and extremely restricts you in your economic progress. We have a particularly extreme case in which KLAKA is demanding that you no longer use the BMW brand name at all, including for the sale of original parts or spare parts.
Can I have a Cease and desist declaration without Contractual penalty deliver?
One Cease and desist declaration must be serious. 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. A too low or "wrong" Contractual penalty leads safely to Lawsuit or preliminary injunction.
You can often Declarations to cease and desist the Rights holderin this case the Bayerische Motorenwerke AG to Modify in favor of the infringer. In the best case scenario, the infringer may have to pay less or sometimes not at all in the event of an infringement.
Such a modified Cease and desist declaration can help to reduce the threat of contractual penalties for trademark infringers. A good and experienced lawyer can therefore help you, especially at the beginning of the defense save a lot of money!
Let Robert Meyen, specialist lawyer for intellectual property rightsadvise and defend. Upload your BMW warning letter here for a free check.
BMW Warning: Right to information and legal fees
Many of our clients use the BMW warning letter Right to informationwhich the trademark owner can assert against the Infringer of the trademark right is not serious enough.
At the Right to information the Trademark infringer or design infringer all documents and data relating to sales of the goods concerned disclose. This includes invoices, a precise statement of the number of sales, a revenue and surplus account through to invoicing and the issuing of the resulting profit. associated profit.
In addition, the infringer of the Trademark rights obliged to disclose where the plagiarism originally came from. Here special Caution as the opposing party can file an action for information, which can quickly cost the infringer of the trademark right more than 5.000 € can cost.
It goes without saying that the Costs of lawyers 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 advise you and are happy to take over the defense of your BMW Warning against KLAKA Attorneys at Law
If you have been informed of a BMW Warning by KLAKA Attorneys at Law call us or send us a message and we will take all the necessary steps for you.
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: Arguing in a non-specialist way will at best 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 courtwhich quickly informs you about 10.000 € will cost.
BMW Warning: Better to go directly to a specialist lawyer!
The first goal in the defense against such BMW Warning of KLAKA Attorneys at Law, is therefore the fastest possible submission of a modified Cease and desist declaration. This has the highest priority!
We would be happy to represent you nationwide in this matter 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 kanzlei@marken.legal.
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