Louis Vuitton Warning from CBH Attorneys at Law
We can help you with warnings from Louis Vuitton by CBH Rechtsanwälte.
If you have a Louis Vuitton Warning through CBH Attorneys at Law on behalf of the Louis Vuitton Malletier SAS - briefly: LV or Louis Vuitton - about the Unlawful use of the luxury fashion brand Louis Vuitton, we can help you avert greater damage.
A Louis Vuitton Warning can be expensive!
In the case of warnings from Louis Vuitton, failure to respond usually leads to an expensive lawsuit.
Even if many of our clients believe it: the law firm CBH Rechtsanwälte is not a bunch of crooks and rip-off artists. On the contrary: Cornelius Bartenbach is Honorary professor at the University to Cologne and CBH serious opponent.
We know no Louis Vuitton Warningwhich legal completely nonsensical would be. However, we have seen warnings that are worth discussing from a legal point of view and could therefore often good results for our clients achieve.
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 WarningWhat trademark infringement am I accused of by CBH Rechtsanwälte and Louis Vuitton?
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 Counterfeits 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 on behalf of Louis Vuitton Malletier SAS and requests the Delivery of a Cease and desist declaration and the Payment of legal fees and Compensation for damages.
Reproach is then always 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.
As part of a Trademark infringement In principle, the seller can only be held liable and accused if he businesslike trades in goods or services.
Private sellers or private individuals, on the other hand, cannot commit a trademark infringement. Nevertheless, Louis Vuitton frequently issues warnings here too! As a private individual, you have a Legal proceedings then good chances: In view of the Litigation cost risk from often more than € 10,000 However, the conditions should urgently be out of court.
Louis Vuitton WarningWhat 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 the trademark rights. Is Exhaustion you no longer need express permission to sell the goods. Exhaustion occurs if the trademark owner has already benefited from the added value of the trademark, i.e. if the trademarked goods have already been paid for once. 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 WarningGray 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 Counterfeits or also Reimports from China / Asia .
Particularly common are Counterfeits 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 "Risk 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 WarningWhat requirements 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 - so 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.
Do I now have to Cease and desist declaration hand it in, provide information, send all the goods concerned to Louis Vuitton for destruction and transfer a lot of money to CBH lawyers?
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 investigated 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 using the enclosed Cease and desist declaration sign?
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 use the brand law firm for my Louis Vuitton Warning commission?
The experienced trademark attorney checks your Warning in five steps:
- 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 have a Cease and desist declaration without Contractual penalty deliver?
It is not enough to simply delete all offersCBH in its Warning denounces. This is because the owner of the trademark rights wants to be sure in this case 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 valid for life Cease and desist declaration or by a judicial title be eliminated.
One Cease and desist declaration must be serious. The Risk of repetition can therefore only be effectively eliminated if you have a Contractual penalty in the event of a repetition of the trademark infringing or design infringing act promise.
These Contractual penalty must be high enough to ensure that the promise of a contractual penalty is suitable to prevent you from plagiarizing again in the long term. From which Height one Contractual penalty is rated as sufficient always depends on the Individual case on. Too low or "wrong" Contractual penalty leads safely 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: What is a modified Cease and desist declaration?
You can often Declarations to cease and desist which the rights holders of the Warning in this case to 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.
Such a modified Cease and desist declaration can help to reduce the threat of contractual penalties for trademark infringers. A good and experienced lawyer can therefore help you, especially at the beginning of the defense A lot of money save!
Louis Vuitton Warning: 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 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 plagiarism 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 against Louis Vuitton Malletier SAS and CBH Rechtsanwälte
If you have been informed of a Louis Vuitton Warning by CBH Attorneys at Law 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: Better to go directly to a specialist lawyer!
The first goal in the defense against such Louis Vuitton Warning and their CBH lawyers is the quickest possible submission of an amended version of the Cease and desist declaration, a cost-intensive temporary injunction at your expense.
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 as an attachment - to kanzlei@marken.legal.
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