Warning letter Burberry - CBH lawyers issue warning letter for trademark infringement
We defend you against warning letters issued by CBH Rechtsanwälte on behalf of Burberry Limited
Why Burberry is currently sending out so many warning letters
The luxury brand Burberry Limited from London is known for its iconic check pattern ("Burberry Check") and the "Equestrian Knight" known worldwide. In recent years, the number of Warning letters from CBH attorneys from Hamburg increased significantly.
Those affected are retailers and private individuals who sell products with Burberry designs or the brand name - whether on platforms such as eBay, Vinted, Etsy or in its own online stores. Burberry is particularly consistent in its approach and demands high costs.
Who is issuing the warning - Burberry & CBH Rechtsanwälte
The warning letter is issued by Burberry Limited based in London. Burberry is regularly represented by the Law firm CBH Rechtsanwälte (Cornelius Bartenbach Haesemann & Partner, Hamburg).
The aim of the warnings is to strictly control the use of Burberry's trademark rights. This includes both the Brand "Burberry"that classic check pattern as well as other protected marks.
Typical allegations in a Burberry warning letter
- Use of Burberry logo and name
Even the use of the name "Burberry" in offers can be considered a trademark infringement if it is not purely descriptive.
- Use of the Burberry check (check pattern)
The characteristic check pattern has been protected as a trademark since the 1990s. Anyone offering clothing, scarves or accessories with a similar pattern risks a warning letter.
- Distribution of imitations and counterfeits
It is particularly often about alleged Counterfeit products or imitations. Burberry also relies on the extended protection of a well-known trademark (Section 14 (2) No. 3 MarkenG), even if no separate trademark is registered for the specific product.
- Reputation exploitation and damage to reputation
Burberry often argues that by using imitations of the exclusive reputation of the luxury brand be damaged.
- Upcycling and second-hand cases
Anyone who manufactures new products (e.g. bags) from used Burberry fabrics can also be warned. The decisive factor is whether the trademark-protected design remains recognizable. Even sales via Vinted or eBay Classifieds are legally considered "commercial transactions" if they are repeated or commercial.
Legal background: Section 14 MarkenG and protection of well-known trademarks
After § Section 14 (1) MarkenG the trademark owner has the exclusive right to use his trademark. Third parties may only use it with permission.
Particularly important:
Well-known brands such as Burberry enjoy extended protection. Even an attempt to profit from a good reputation can be grounds for a warning.
One purely decorative use (e.g. works of art or private handicrafts) does not necessarily fall under trademark law - but almost always does in a commercial context.
Claims in the warning letters
CBH's warning letters regularly contain the following claims:
Submission of a cease-and-desist declaration with penalty clause - mostly very extensive.
Right to informationPresentation of invoices, supply chains, sales, profit margins.
Compensation for damageseither according to lost profits, license analogy or surrender of the profits made.
Recall and destruction trademark infringing goods.
Reimbursement of legal fees (often €23,200 to almost €4,100).
Test purchase costs and costs for trade register information.
Overview of amounts in dispute and costs
Amounts in dispute: regular 150,000 € to 250,000 €.
Warning costs: approx. 3,200.56 € to 4,095.50 € (depending on the value of the object).
Additional costsTest purchases, compensation, possible contractual penalties.
These sums are life-threatening for small retailers or private sellers.
Checklist: How to react correctly to a Burberry warning letter
Keep calm - Panic leads to mistakes.
Check deadlines - usually 1-2 weeks, must be adhered to.
No direct contact with CBH - Their task is to enforce Burberry's interests.
Do not sign a cease-and-desist declaration prematurely - Formulations are often too broad.
No payment without verification - Many claims are excessive.
Involve a lawyer - preferably a specialist lawyer for intellectual property rights.
Save your own evidence - Origin of the goods, invoices, sales figures.
FAQ: Frequently asked questions about the warning letter from Burberry
Can I sell Burberry products privately?
Yes, this is permissible for the resale of original goods in the private sector. Commercial sales without authorization are problematic.
Is upcycling with Burberry patterns allowed?
No, as soon as protected designs are recognizable and the products are sold commercially, there is usually a trademark infringement.
Can Burberry also issue warnings for products that are not even registered (e.g. dog collars)?
Yes, Burberry can rely on the extended protection of a well-known brand appointed.
What happens if I don't react?
CBH is known for its consistent litigation practice. There is a threat of injunctions and lawsuits with even higher costs.
How high are the costs of a Burberry warning letter?
Typical are 3,200-4,095 € Legal feestest purchase costs, damages and possible contractual penalties.
Conclusion & practical tips
Burberry pursues trademark infringements with great consistency. Warning letters from CBH are particularly dangerous due to the high amounts in dispute and costs.
Those affected should:
Do not sign anything prematurely,
Do not make any premature payments,
Have the warning letter checked by a lawyer,
In case of doubt Modified cease-and-desist declaration deliver.
A professional defense can often prevent high costs and unnecessary obligations.
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