Burberry warning letter from CBH Rechtsanwälte: What to do?
We defend you against warning letters issued by CBH Rechtsanwälte on behalf of Burberry Limited
Have you received a warning letter from CBH Rechtsanwälte on behalf of Burberry? Do you suspect a trademark infringement through the use of the well-known check pattern "Haymarket Check" (also known as "Burberry Check")? Don't panic! With the right approach, you can resolve the matter quickly and effectively.
This guide offers you specific recommendations for action in the event of a Burberry warning letter. We explain to you,
- what a warning letter from CBH Rechtsanwälte means in trademark law,
- which typical allegations are made in the warning letter,
- how you should react to the warning letter,
- which defense strategies are possible and
- when you should seek legal advice.
What is a warning letter from CBH Rechtsanwälte in trademark law?
In trademark law, the trademark protects the owner of a company logo from unauthorized use by third parties. Burberry has trademark protection rights for its "Haymarket Check" check pattern.
Does Burberry provide a Trademark infringement If the company discovers or suspects an infringement, it can issue a warning letter via CBH Rechtsanwälte. This warning letter usually requests you to do so,
- to refrain from the alleged trademark infringement,
- to issue a cease-and-desist declaration subject to penalty and
- to reimburse CBH's legal fees.
Content and form of the Burberry warning letter
The warning letter from CBH Rechtsanwälte should comply with the formal requirements of German law. These include:
- Designation of Burberry as trademark owner
- Your designation as a warned party
- Exact description of the trademark infringement complained of (e.g. product description, photo)
- Request to cease and desist the trademark infringement
- Request to submit a cease-and-desist declaration
- Setting a deadline for the submission of the cease-and-desist declaration
- Threat of legal action in the event of non-compliance
- Fee note from CBH Rechtsanwälte
If one of these details is missing, the effectiveness of the warning may be questioned. However, it is essential that you have this checked by a lawyer specializing in trademark law.
Typical allegations in the Burberry warning letter
The warning letters issued by CBH Rechtsanwälte are often directed against the Alleged infringement of trademark rights on the Burberry check pattern "Haymarket Check".
Specifically, the following allegations can be made:
- Use of images or product descriptions that show the "Haymarket Check" pattern
- Offering counterfeit Burberry products with the "Haymarket Check" pattern
- Use of the "Haymarket Check" pattern in your advertising or on your website
How you should react to the Burberry warning letter
1. keep calm and observe deadlines!
If you receive a warning letter, you should first keep calm. Under no circumstances should you sign the cease-and-desist declaration prematurely. Also, do not act hastily and, for example, do not delete any allegedly illegal content without first checking the facts.
2. contact a lawyer specializing in trademark law!
Hiring a lawyer specializing in trademark law is strongly recommended. The lawyer can examine the warning letter, assess the situation and inform you of your legal options.
3. have the warning letter legally checked!
A specialized lawyer can assess this,
- whether the warning is justified,
- whether the asserted trademark rights have actually been infringed and
- whether the warning complies with formal requirements.
4. do not act independently!
All communication with CBH Rechtsanwälte should be conducted through your lawyer. Do not formulate any objections or justifications of your own, as this can worsen the situation in the worst case.
Defense strategies against the Burberry warning letter
Possible defense approaches can be:
- Minor differences: If your offered product shows minor deviations compared to original Burberry products, a trademark infringement can be denied.
- No risk of confusion: If there is no risk of consumers confusing your product with original Burberry products, there is no trademark infringement.
- Authorized use: In certain cases, the use of the Burberry check pattern may be justified, for example for reporting or parody.
- Statute of limitations: Trademark claims may become time-barred if Burberry waits too long to issue a warning.
Modified cease-and-desist declaration
In many cases, you will be presented with a cease-and-desist declaration in the warning letter, which you will be asked to sign. However, this cease-and-desist declaration is often very broadly worded and can severely restrict your entrepreneurial freedom.
You should therefore never sign the cease-and-desist declaration without checking it. Instead, have them checked and modified by a lawyer specializing in trademark law.
A lawyer can modify the cease-and-desist declaration so that it:
- only covers the conduct actually objected to
- does not contain any unreasonable restrictions
- provides for an appropriate contractual penalty
Important: Never sign a cease-and-desist declaration before you have had it checked by a lawyer!
With a modified cease-and-desist declaration, you can protect yourself from unreasonable demands from the other party and at the same time preserve your entrepreneurial freedom.
When should you seek legal assistance?
It is always advisable to instruct a lawyer specializing in trademark law if you have received a warning letter from CBH Rechtsanwälte on behalf of Burberry.
You should seek legal assistance in particular if
- You do not understand the warning yourself
- you are not sure whether the accusations are justified
- You have to meet deadlines
- you should submit a cease-and-desist declaration
- you are threatened with legal action
Help with warning letters from Burberry by marken medien meyen and lawyer Robert Meyen
If you receive a warning letter from CBH Rechtsanwälte on behalf of Burberry, you should keep calm and act quickly. Contact a lawyer specializing in trademark law immediately to discuss your legal options and develop an optimal defense strategy.
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