Warning letter to BMW AG by Lubberger Lehment - Current cases, costs and strategies (Update 2026)
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Have you received a legal letter from the law firm Lubberger Lehment on behalf of Bayerische Motoren Werke AG (BMW AG)?
You are not alone in this. In 2026, BMW AG will continue to take massive and uncompromising action against alleged infringements of its trademark and design rights.
The focus is on world-famous trademarks such as BMW, M, MDrive and MINI.
For affected online dealers, garages and importers, such a letter often poses an existential threat. The deadlines set are extremely short and the sums demanded are enormous.
Our advice as experienced lawyers in trademark law: Keep calm, do not miss any deadlines and never sign the attached declaration prematurely.
Background: The change of mandate from KLAKA to Lubberger Lehment
Anyone searching the Internet for help with BMW warning letters will often come across the name of the law firm KLAKA Rechtsanwälte. This is due to the fact that KLAKA represented BMW AG for many years in the prosecution of trademark infringements.
However, BMW has changed the warning law firm.
Currently - documented in particular by numerous cases from January and February 2026 - the trademark warning letters for BMW AG are issued by the law firm Lubberger Lehment.
This law firm is known for its extremely rigorous approach to intellectual property rights. Anyone who reads outdated forum posts and thinks they can ignore the problem is making a fatal mistake. The legal prosecution by Lubberger Lehment is highly topical and extremely dangerous.
What does Lubberger Lehment specifically demand of you in the warning letter?
In the current warning letters from 2026, which we have received, Lubberger Lehment generally demands the fulfillment of three central points on behalf of BMW AG:
- Submission of a cease-and-desist declaration with penalty clause: The letter is often accompanied by a pre-formulated declaration from the other party. Never sign them blindly! In legal terms, you are making an abstract acknowledgement of guilt and binding yourself to extremely high contractual penalties for life. Currently, these contractual penalties for future violations are often fixed directly at around € 20,000.
Information, invoicing and compensation: You should provide detailed information about your sales, upstream suppliers, commercial customers and the profits made. This comprehensive information serves the other party as a basis for asserting often considerable claims for damages against you in the next step. In addition, the immediate destruction of the offending goods is often demanded at your expense.
Reimbursement of the opposing party's legal fees: The financial risk is immense. The legal fees of the law firm Lubberger Lehment are calculated on the basis of so-called "values in dispute", which are set extremely high due to the enormous reputation of the BMW brand. It is currently not uncommon to see amounts in dispute of up to €600,000. For you, this means that the out-of-court legal fees of the other party alone can amount to over €7,000 gross in individual cases.
The route via customs: the border seizure procedure
Many current warnings result directly from imports of accessories from non-EU countries (e.g. cheap replicas but also original parts from Asia).
BMW AG has deposited its protected brands with the customs authorities with an official blocking notice. Customs stop goods such as hub caps, emblems, radiator grilles or wheel covers on suspicion of plagiarism or gray imports directly upon import and inform the trademark owner immediately.
Subsequently, Lubberger Lehment not only demands that you cease and desist for the future, but also demands your formal consent to the destruction of the confiscated goods at your expense.
Frequent focus of warning letters: M-Design, spare parts and logos
Online retailers on platforms such as eBay, Amazon, Etsy or in their own web stores, as well as independent garages, are quickly targeted by warning letters. The focus is currently on the following infringements:
The M design (M look / M style): The prominent use of terms such as "M-Design", "M-Style" or "M-Look" in article headings for aftermarket components (such as bumpers or mirror caps) is rigorously warned against. The "M-Design" enjoys the extended protection of well-known trademarks. Therefore, the mere adoption of the brand-typical color stripes in blue, purple and red can be seen as unlawful exploitation of reputation and free-riding, even if the BMW logo is not physically used.
Misleading spare parts advertisement: The use of third-party trademarks for accessories is permitted under strict conditions in accordance with Section 23 MarkenG, but requires a clear reference to the intended use (e.g. "spare part suitable for BMW M3"). Promotional highlighting of the trademark, the hidden use of terms in meta tags or even the use of protected original logos on replica parts is strictly prohibited and will inevitably lead to a warning.
Design right infringements for rims and bumpers: In addition to trademark law, design law also plays a major role. While the so-called repair clause applies to visible spare parts such as mudguards or bumpers under certain conditions, tuning rims or purely optical embellishments, for example, are not covered by this exception and can be warned with costs ".
Proactive defense strategies: How we protect you nationwide
If you have received a warning letter, we will not leave you to deal with BMW AG's massive claims on your own. As a law firm specializing in intellectual property law, we examine each case individually and in detail. Our law firm represents you nationwide and is your strong contact in Neuss and North Rhine-Westphalia.
Our proven defense strategy usually includes the following steps:
The Modified Cease and Desist Declaration: This is the absolute core of the out-of-court defense. We prepare a legally secure, individually modified version for you that reduces your risks and potential contractual penalties to the absolute minimum and does not contain any dangerous admissions of guilt.
Tough negotiation of the object values (and thus the warning costs): Amounts in dispute of € 500,000 to € 600,000 are often completely excessive and disproportionate in specific individual cases - for example in the case of a small online retailer. We negotiate resolutely with the other party in order to drastically reduce the legal fees you have to pay.
Examination of trademark use: Is there any unauthorized use at all? Do any exceptions apply to the advertising of spare parts in accordance with Section 23 MarkenG? We find the legal weaknesses in the argumentation of the law firm issuing the warning letter.
Defend against damages: We critically examine the claims for damages asserted and defend against unjustified requests for information in order to keep your financial losses as low as possible.
Immediate help with trademark warnings: Take advantage of our free initial assessment
Act now to avoid expensive summary proceedings (injunctions) or injunctions. Time often works against you in such cases.
Simply send us your warning letter from Lubberger Lehment without obligation by e-mail or via our secure contact form. You will immediately receive a Free initial assessment your legal and economic situation by an experienced lawyer in trademark law.
You can then decide at your leisure and without any pressure whether you would like to instruct us to represent you at a fair and transparent fixed price. We take care of all professional communication with the law firm Lubberger Lehment so that you can concentrate on your core business again.
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