Warning from Harley-Davidson? Do the right thing!
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! In the Warning a deadline is usually set for a statement. If you miss this deadline, you may be temporary injunction or legal action and you must expect significantly higher costs.
Checking the Warning by a lawyer
In order to proceed with legal certainty, we strongly recommend consulting a lawyer specializing in trademark law. This can Warning and assess whether the claim of Harley-Davidson by Grünecker Rechts- und Patentanwälte from Munich is justified. The following aspects will be scrutinized:
- Is there actually a Trademark infringement before?
- Are those in the Warning listed actions applicable?
- Does the amount of the claim correspond to reasonable claims for damages?
Cease and desist declaration hand in or contest?
Is the Warning authorized, you should have a Cease and desist declaration deliver. By doing so, you assure Harley-Davidson that you will refrain from the actions complained of. A lawyer can assist you in formulating the Cease and desist declaration and ensure that it is legally compliant.
However, if it is an unauthorized Warningyou should not simply accept them. In this case, your lawyer can 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 requires the payment of Compensation for 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 be advisable to reach a settlement with Harley-Davidson on the Warning costs and the Compensation for damages to strive for.
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: Better to go directly to a specialist lawyer!
Receive a Warning 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 as an attachment - to kanzlei@marken.legal.
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