Harley Davidson warning letter by Grünecker Attorneys at Law

Warning letter HARLEY-DAVIDSON: Cease-and-desist declaration & damages

Received a warning letter from Harley-Davidson? Act correctly!

Have you received mail from Harley-Davidson and fear a trademark infringement?

Keep calm and observe deadlines

If you have a Warning from Harley-Davidson due to an alleged trademark infringement, it is first important to keep calm. Do not ignore the letter under any circumstances! The warning letter usually sets a deadline for you to respond. If you miss this deadline, there is a risk of an injunction or legal action and you will have to expect significantly higher costs.

Examination of the warning letter by a lawyer

In order to proceed with legal certainty, we strongly recommend consulting a lawyer specializing in trademark law. They can examine the warning letter and assess whether the claim by Harley-Davidson from Grünecker Rechts- und Patentanwälte in Munich is justified. The following aspects will be scrutinized:

  • Is there actually a Trademark infringement before?
  • Are the actions listed in the warning letter correct?
  • Does the amount of the claim correspond to reasonable claims for damages?
Harley Davidson warning letter by Grünecker Attorneys at Law
Do not take Harley-Davidson warnings lightly

Issue a cease-and-desist declaration or contest it?

If the warning is justified, you should submit a cease-and-desist declaration. In doing so, you assure Harley-Davidson that you will refrain from the actions complained of. A lawyer can support you in formulating the cease-and-desist declaration and ensure that it is legally compliant.

However, if it is an unjustified warning, you should not simply accept it. In this case, your lawyer can reject the warning and, if necessary, assert counterclaims.

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.

Check claims for damages

In addition to the cease-and-desist declaration, Harley-Davidson usually also demands payment of damages. Check with your lawyer whether this claim is reasonable. Warning letters are often issued by specialized law firms that work with blanket claims for damages. Don't be intimidated and have the claim legally checked.

Tip: In some cases, it may make sense to seek a settlement with Harley-Davidson regarding the warning costs and damages.

Take protective measures to avoid future warnings

Regardless of the outcome of the current situation, you should take steps to avoid future warnings from Harley-Davidson or other trademark owners. The following steps are recommended:

  • Before using third-party trademarks, check whether they are legally protected.
  • Protect your own brand in good time.
  • Make sure that the design of your products and advertising materials does not violate trademark law.

With a forward-looking approach, you can avoid warnings and costly legal disputes.

Costs of legal advice

The costs of legal advice depend on the value of the matter and the scope of the legal work. As a rule, the costs for representation in trademark law amount to at least two thousand euros.

Harley Davidson warning letter: Better to go straight to a specialist lawyer!

If you receive a warning letter from Harley-Davidson, you should act quickly and consult a lawyer specializing in trademark law. The sooner you react, the greater the chances of resolving the situation in your favor and avoiding high costs.

We would be pleased to represent you nationwide in this matter against the law firm Grünecker Rechts- und Patentanwälte. For a non-binding initial consultation, please use our Contact form or write - preferably with the warning letter as an attachment - to kanzlei@marken.legal.

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