Louis Vuitton warning letter from CBH Rechtsanwälte
We can help you with warning letters from Louis Vuitton by CBH Rechtsanwälte.
Do you have a Warning letter from Louis Vuitton by CBH Rechtsanwälte received? We can help you avert major damage and clarify the situation. Such a warning can have considerable financial consequences, especially if it is ignored.
CBH lawyers, instructed by Louis Vuitton Malletier SAS, are not dubious lawyers. On the contrary, they are serious opponents. We know of no Louis Vuitton warning letter that was completely unjustified. Nevertheless, there are cases that are worth discussing, and here we have often been able to achieve good results for our clients.
A Louis Vuitton warning can be expensive!
In the case of warnings from Louis Vuitton, failure to respond usually leads to an expensive lawsuit.
The trademark owner of the trademark Louis Vuittonthe Louis Vuitton Malletier SAS through the Law firm CBH accused of violating Trademark law, Design law (also Design patent called) or rarely Competition law to violate.
The Louis Vuitton warnings known to us were all issued by Dr. Julien Zinnecker pronounced.
Louis Vuitton warning letter: What trademark infringement is CBH Rechtsanwälte and Louis Vuitton accusing me of?
Particularly famous are the handbags and purses from the Luxury brand Louis Vuitton. Almost everyone is familiar with the Monogram pattern from the initials of the company founder, "LV". It is particularly frequently the subject of Forgeries and Plagiarism.
Most Louis Vuitton cease-and-desist letters begin with a Border seizure by customs. Our clients then often receive direct Two unpleasant letters:
- Customs writes to our client and demands to be included in the Destruction of the counterfeits.
- CBH Rechtsanwälte writes a warning letter on behalf of Louis Vuitton Malletier SAS and demands the Submission of a cease-and-desist declaration and the Payment of legal fees and Damages.
The accusation is usually the Import infringing goods according to Germanyinto the European Union (EU) or in the European Economic area (EEA).
In rarer cases, however, small Boutiques, Online stores or other Retail trade warned because Detectives have tracked down counterfeits on behalf of Louis Vuitton.
The accusation here is that the Trademark infringer has offered, placed on the market or possessed for this purpose infringing goods - i.e. handbags, purses or textiles - under the sign "LV" or "Louis Vuitton".
Pursuant to Section 14 (3) No. 2, in the event of a trademark infringement, it is prohibited in particular to offer goods under the sign, to place them on the market or to possess them for the aforementioned purposes.
Pursuant to Section 14 (3) No. 2 of the Trademark Act, it is prohibited, acting commercially to offer goods under the sign "LV" or "Louis Vuitton", to place them on the market or to possess them for this purpose. Private individuals cannot commit trademark infringement. Nevertheless, warnings are often issued here too. Private individuals have a good chance in court proceedings, but should settle the matter out of court to avoid high legal costs.
Louis Vuitton warning letter: What use of the Louis Vuitton Malletier SAS trademarks is permitted?
As a private individual, you are even allowed to import, buy or sell counterfeits and fakes.
Also Traders are of course allowed to sell Louis Vuitton textiles and handbags. However, this is only possible with the consent of the rights holder of the brand, in this case Louis Vuitton Malletier SAS, allowed.
One exception is the Exhaustion of trademark rights. If exhaustion has occurred, you no longer need express permission to sell the goods. Exhaustion occurs if the trademark owner has already profited from the value creation of the trademark, i.e. if payment has already been made once for the trademarked goods. The principle of exhaustion also applies in design law.
So no one can prohibit you from selling original products that you have previously (legally) purchased yourself!
Louis Vuitton warning: gray imports and parallel imports are illegal!
However, this still applies to original products that have been imported with the permission of the rights holder. EU or were imported into the European Economic Area.
So-called Grey imports or parallel imports can be prohibited by the trademark owner.
Content of Louis Vuitton cease-and-desist letters from CBH on behalf of Louis Vuitton Malletier is therefore regularly accused of Introduction or Offering from Plagiarism. We had cases with different Forgeries or also Reimports from China / Asia .
Particularly common are Forgeries from Luxury handbags imported and resold .
The "real" target of the Louis Vuitton warnings are the manufacturers of these counterfeits. The luxury manufacturer wants to Drying up distribution channels and therefore attaches particular importance to the Right to information.
However, it often affects smaller Retailer with eBay or Amazon. For them, a court case with Louis Vuitton and CBH can be the Ruin mean.
From CBH Rechtsanwälte's point of view, it is irrelevant that the counterfeited designs do not correspond exactly to the original. The mere use of the name or a design that resembles the LV monogram is sufficient for the accusation of counterfeiting. Trademark infringement.
The situation is similar with the Design infringement: here it is sufficient that a handbag or an accessory compared to the original "no other overall impression" has.
What do CBH and Louis Vuitton mean by "likelihood of confusion"?
In the Trademark law is Risk of confusion the most important criterion in the assessment of a trademark infringement. This is the case when handbags, textiles and accessories are not sold with the original logos or lettering, but with logos or designations that at first glance appear to be the same. remind us of Louis Vuitton and its brands.
Louis Vuitton warning letter: Which claims do I have to fulfill and how?
CBH Attorneys at Law demands everything that a trademark owner or design owner can demand from the infringer on behalf of Louis Vuitton:
- Removal (Distance) - of the warned offer or Consent to the destruction of the goods at customs
- Permanent Omission of imports or the sale of the goods by submitting a Cease and desist declaration.
- Information about the origin of the goods by a Right to information.
- Publication of plagiarism for Destruction of the counterfeits.
- Payment of the Compensation for damagesdemanding to Louis Vuitton Malletier.
- Payment of legal feesusually from a value in dispute of 150.000 €. In rare cases, however, the amount in dispute can also be 250.000 € or even with 500.000 € lie.
These claims exist if an infringement has actually occurred. An experienced lawyer should examine the allegations.
Do I now have to submit a cease-and-desist declaration, provide information, send all the goods concerned to Louis Vuitton for destruction and transfer a lot of money to CBH Rechtsanwälte?
The claims only exist if trademark law or design law has actually been infringed.
In order to check whether the claims that Louis Vuitton Malletier SAS through CBH Attorneys at Law are justified, the allegation should first be made via a lawyer experienced in design law and trademark law be checked.
After all, there is often no infringement at all. A proven expert for such warnings is a Specialist lawyer for intellectual property rights. The specialist lawyer for industrial property protection is ultimately a "Specialist lawyer for trademark law„.
Can I save money by signing the attached cease-and-desist declaration?
We strongly advise against taking action yourself in such a case, because in trademark law it is almost impossible for a layperson to take action against the opposing attorneys to decide such proceedings in your favor. Let us - experts in trademark law - represent you professionally. You too can benefit from our free check of the LV warning letter.
What does mdrei - marken medien meyen do when I instruct the trademark law firm for my Louis Vuitton warning letter?
- Character similarity - Is your product labeled with an "LV", the string "Louis Vuitton" or the Monogram pattern?
- Similarity of goods - Is your product similar to a product that is Register of goods and services are indicated by Louis Vuitton?
- Use of the sign in the course of trade - Have you traded in textiles, handbags, purses and accessories for business or private purposes?
- Brand use - was the "LV", the Louis Vuitton lettering or the Louis Vuitton pattern actually used in the manner of a trademark?
- Exceptions under trademark law - There are some exceptions in §§ 22, 23 MarkenG where there is no trademark infringement.
Can I submit a cease-and-desist declaration without a contractual penalty?
It is not enough to simply delete all offerswhich CBH denounces in its warning letter. In this case, the owner of the trademark rights wants to be sure that such a Infringement of his trademark rights not repeated.
One speaks of Risk of repetition. This can only be achieved for the rights holder by penalized and lifelong declaration to cease and desist or by a judicial title be eliminated.
A cease-and-desist declaration must be serious. The risk of repetition can therefore only be effectively eliminated if you agree to a contractual penalty in the event of repetition of the infringement. trademark infringing or design infringing act promise.
This contractual penalty must be high enough to ensure that the promise of a contractual penalty is suitable to permanently deter you from continuing to trade in plagiarized goods. From which Height one Contractual penalty is rated as sufficient always depends on the Individual case an. A contractual penalty that is too low or "incorrect" will certainly lead to Lawsuit or preliminary injunction.
Let Robert Meyen, specialist lawyer for intellectual property rightsand defend them against Louis Vuitton and CBH Rechtsanwälte. Contact us here.
Louis Vuitton warning letter: What is a modified cease-and-desist declaration?
You can often Declarations to cease and desist which the rights holders attach to the warning letter, in this case from Louis Vuitton Malletier SAS, modify in favor of the infringer. In the best case scenario, the infringer may have to pay less or sometimes not at all in the event of an infringement.
One Modified cease-and-desist declaration can help to reduce the threat of contractual penalties. It should be drawn up by an experienced lawyer to ensure that it is effective and that no further infringements of trademark rights are committed.
Louis Vuitton warning letter: Right to information and legal fees
Many of our clients use Warnings through Louis Vuitton the Right to informationwhich the Trademark owner against the Violator of trademark law is not serious.
In this case, the Trademark infringer or design infringer disclose all documents and data relating to the sales of the goods concerned. This includes invoices, a precise statement of the number of sales, a revenue and surplus statement through to accounting and the Surrender of the associated profit.
In addition, the infringer of the Trademark rights obliged to disclose where the plagiarized goods originally came from. Here special Caution as the opposing party can file an action for information, which the Defendantthe infringer of the trademark right, quickly far more than 5.000 € can cost.
The Warning costs of the lawyers which are carried in a Value in dispute from 150.000 €, 200.000 €up to 500.000 €, are extremely high. We hardly believe that Klaka Rechtsanwälte will negotiate with private individuals in view of the brand's reputation.
We will be happy to advise you and take over the defense of your Louis Vuitton warning letter against Louis Vuitton Malletier SAS and CBH Rechtsanwälte
If you have been informed of a Louis Vuitton warning letter from CBH Rechtsanwälte 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 Costs for the opponent often several thousand euros to lower.
Do not defend yourself! Amateurish argumentation won't get you anywhere!
Attempts to resolve the matter ourselves often end up being used against our clients.
You will most likely find yourself in a very expensive process in court that will quickly find you over € 10,000 will cost.
Louis Vuitton warning letter: Better to go straight to a specialist lawyer!
A Louis Vuitton warning letter from CBH Rechtsanwälte should be taken seriously and examined by an experienced lawyer. A modified cease-and-desist declaration can help to reduce the penalties. Contact us for a non-binding initial consultation to review your warning letter and take appropriate action.
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 letter as an attachment - to kanzlei@marken.legal.
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