BURBERRY warning letter by CBH Rechtsanwälte

Burberry Warning |CBH Attorneys at Law

We defend you against warning letters issued by CBH Rechtsanwälte on behalf of Burberry Limited

Do you have a Burberry Warning through CBH Attorneys at Law, on behalf of Burberry Limited, on the Unlawful use of the luxury brand Burberry receive?

Take warning letters from Burberry seriously!

Clients often call us and complain because they have a Warning from Burberry for selling scarves with a checked pattern. In the Warning is accused by CBH Rechtsanwälte of being too similar to the Burberry check.

These are serious allegations. They are made by the trademark owner of the trademark Burberrythe Burberry Limitedthrough the Lawyers of the law firm CBH accused of violating Trademark law and Competition law to have violated the law.

In a number of online stores, boutiques, on Amazon etsy or eBay, you will come across numerous counterfeits of the brand's products Burberry. They can be recognized by the well-known Burberry check pattern, the so-called "Burberry check".

The trademark owner of the Union figurative mark No. 000377580 is Burberry Limited, based on Horseferry Road in London. Burberry has the Law firm CBH Rechtsanwälte to take action against these offers of counterfeit products.

You will be given the Infringement of trademark rights of the registered trademark Burberry and the "Burberry Check" of the owner Burberry Limited, which is also registered as a trademark.

Respond to the Warning within the set deadline, it is likely that the next mail will come from the district court, as either a temporary injunction has been issued or an action has been filed.

A woman wearing a Burberry scarf

The owner of these trademark rights, the Burberry Limiteddemands the immediate refrain from all offers presented by you, the submission of a sufficiently penalized Cease and desist declarationthe takeover of the Legal fees and information regarding the full extent of the acts of infringement with regard to the infringement of the trademark rights of the Burberry Limited. On the basis of this information, the amount to be paid is then later determined. Compensation for damages determined.

The involvement of an experienced specialist lawyer can save considerable legal costs. Contact trademark attorney Robert Meyen today.

Burberry Warning: why do I have a Warning for trademark infringement of the Burberry-Check trademark (EU figurative mark 000377580)? Which aspect of trademark law have I infringed?

Contents of the Burberry warnings is actually always the accusation of introducing or offering Plagiarism. These counterfeits of Burberry designs can be found particularly frequently in the area of scarves and other accessories.

Aim of the Burberry warnings are rarely the manufacturers of these counterfeits. Smaller companies are more often Retailer with Fashion boutiques or from the Online trading.

From CBH Rechtsanwälte's point of view, it is irrelevant if the counterfeit designs do not exactly match the original. Even a mere similarity that suggests an imitation is sufficient for the accusation of counterfeiting. Trademark infringement.

What do CBH and Burberry mean by "Risk of confusion"?

In the Trademark law is always about Risk of confusion. This means that even those items of clothing that are subject to the trademark rights of the Burberry whose check pattern is only reminiscent of Burberry Limited products. It is sufficient that there is a risk of confusion between the registered trademark and the allegedly infringing product.

 

Burberry WarningWhat should I expect?

CBH Attorneys at Law will demand from you everything that trademark owners can demand in the event of a trademark infringement on behalf of Burberry Limited. Typically this is as follows:

  1. Complete Removal - i.e. removal - of the warned offer.
  2. Cease and desist from trademark infringement the import or sale by submitting a Cease and desist declaration.
  3. Information about the origin of the scarves through a Right to information.
  4. Publication of plagiarism for Destruction of these goods.
  5. Payment of the Compensation for damagessophisticated Burberry Limited.
  6. Cost of the Warningusually from a value in dispute of 150.000 €200.000 € or in some cases even 250.000 €.

Do I now have to Cease and desist declaration provide information, send all the goods concerned to Burberry and transfer a large sum to CBH lawyers?

The claims that the Burberry Limited Towards you through CBH Attorneys at Law The right to claim damages exists if a trademark infringement has actually occurred. Therefore, the allegation should first be substantiated by a Competition and Trademark law experienced Lawyer be checked. After all, there is often no trademark infringement at all. Particularly suitable for this examination is a Specialist lawyer for intellectual property rights.

Can I simply use the enclosed Cease and desist declaration and save money?

We often observe that the cease-and-desist letters issued by lawyers demand far more than they are legally entitled to. We therefore strongly advise against signing these cease-and-desist declarations. In many cases, the cease-and-desist declarations go so far that they completely restrict the warned party's business operations.

We therefore advise that, if necessary, a letter of formal notice adapted in favor of the party being warned should be drawn up, Modified cease-and-desist declaration to hand in.

We strongly advise you to seek the help of a specialist lawyer to avoid ending up with an expensive lawsuit. We are happy to help! Contact us here.

How does the trademark law firm marken medien meyen check whether a trademark infringement has really occurred?

As a result Five steps to Review of the warning necessary for the lawyer:

  1. Character similarity - Does your check pattern resemble the Burberry check in terms of trademark law?
  2. Similarity of goods - Is your product similar to any of the goods listed in Burberry's register of goods and services?
  3. Use of the sign in the course of trade - Have you traded in plaid textiles for business or as a private individual?
  4. Brand use - was the design actually used in the manner of a trademark, i.e. to identify a product?
  5. Exceptions under trademark law - There are some exceptions in §§ 22, 23 MarkenG where there is no trademark infringement.

The first infringement of a trademark triggers the so-called Risk of repetition from. The Risk of repetition can only be effectively excluded if you have a Contractual penalty in the event of repetition of the infringing acts.

One Cease and desist declaration must be serious. 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 Action or interim injunction.
You can often Declarations to cease and desist the Rights holderin this case the Burberry Limitedin such a way that the infringer has to pay less or sometimes not at all even in the event of an infringement. 

These modified Cease and desist declaration can help to reduce the threat of contractual penalties for trademark infringers. An experienced lawyer can therefore help you at the beginning of the defense alone. A lot of money save!

Let Robert Meyen, specialist lawyer for intellectual property rightsadvise and defend. Contact us here.

Burberry WarningInformation and legal fees

Many of our clients underestimate the Warning by Burberry Limited the Right to informationwhich the Trademark owner against the Infringer of the trademark right asserts.

In this case, the Infringer of trademark rights all Documents and data regarding the sales of the goods concerned. From the invoice, the number of sales, a revenue and surplus statement to the publication of the associated associated profit.

In addition, the infringer of the Trademark rights are generally obliged to disclose where these plagiarisms originally came from. Here, however Caution required, as in the Doubts the opposing side a Action for information which of the Defendantthe infringer of the trademark right, quickly far more than 5.000 € can cost.

It goes without saying that the Costs of the warning lawyers which, with a value in dispute of 150,000 €, 200,000 €, up to 250,000 €, are extremely high. 

Experience has shown that we can significantly reduce these costs. We do not expect CBH Rechtsanwälte to negotiate with private individuals in view of the high profile of the trademark.

We advise you and are happy to take over the defense of your Burberry Warning against Burberry Limited and CBH Rechtsanwälte

If you have been informed of a Burberry Warning by CBH 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: amateurish arguments provoke your opponent! Lawyers hate that! 

St is highly likely that you will find yourself in a very expensive process in courtwhich quickly informs you about 10.000 € will cost.

The first goal in the defense against such Burberry Warningthe Burberry Limited and their CBH lawyers, the fastest possible submission of an amended version of the Cease and desist declaration. This has the highest priority!

We would be happy to represent you nationwide in this matter against the law firm CBH 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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