Ray Ban Warning from CBH Attorneys at Law?
We can help if you have received a warning from the law firm CBH, Cornelius Bartenbach Haesemann & Partner, Partnerschaft von Rechtsanwälten mbB on behalf of Luxottica Group S.p.A.
Take warnings from Ray Ban (Luxottica) seriously!
Luxottica Group S.p.A. is known worldwide as a manufacturer of high-quality eyewear and frames. Particularly noteworthy is its legendary sunglasses brand "RAY-BAN", which is famous for its iconic models and the unmistakable "RAY-BAN" lettering on the lenses and frames.
These Trademark enjoys comprehensive protectionwhich is characterized by the Union (word) mark 016436396 "RAY-BAN" and also includes the extensive range of sunglasses.
In most cases, the recipients of the Ray Ban warnings have purchased sunglasses on eBay or on other websites. Trading platforms which were provided with the "RAY-BAN" sign without the required consent of the trademark owner, Luxottica Group S.p.A..
These products were neither manufactured by Luxottica Group S.p.A. nor were they marked with the sign at issue.
A thorough examination and analysis of the goods in question by CBH Rechtsanwälte and Luxottica revealed beyond doubt that they were plagiarism infringing trademark rights who use the protected trademark "RAY-BAN" unlawfully.
With regard to this Infringement of trademark rights the following demands are made:
The recipient of this Warning is requested to immediately submit a Declaration to cease and desist for which a concrete formulation proposal is already attached. This declaration is intended to ensure that no further infringements of Luxottica Group S.p.A.'s trademark rights occur in the future.
In accordance with an assumed value in dispute of mostly € 150,000, CBH demands reimbursement of the legal fees in connection with this Warning on.
In addition, the immediate surrender of all documents still held by the recipient of the Warning copies of the infringing sunglasses. This serves to prevent the further distribution and trade in unlawful copies.
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.
Traders may also sell Ray Ban sunglasses. However, this is only possible with the consent of the rights holder of the brand, in this case the Luxottica Group. One exception is the Exhaustion of the trademark rights. This is the case if the trademark owner has already benefited once from the value creation of the product.
In principle, nobody can prohibit you from selling original products that you have previously (legally) purchased yourself!
Content from Ray Ban Warnings is actually always the accusation of introducing or offering Plagiarism.
Aim of the Ran Ban warnings are rarely the manufacturers of these counterfeits. Smaller companies are more often Retailer with Fashion boutiques or from the Online trading.
From CBH Rechtsanwälte's point of view, it is irrelevant if the counterfeit designs do not exactly match the original. Even a mere similarity that suggests an imitation is sufficient for the accusation of counterfeiting. Trademark infringement.
We would like to emphasize that Luxottica Group S.p.A. seriously protects the integrity of its brand "RAY-BAN" and has decided to take action against trademark infringements. We therefore advise that the recipient of this Warning carefully examines the above-mentioned demands and responds appropriately.
Ray Ban WarningWhat should I expect?
CBH Rechtsanwälte will demand everything from you that trademark owners can demand in the event of a trademark infringement. This is usually the following:
- Complete Removal - i.e. distance - of the displayed offer.
- Omission the import or sale by submitting a Cease and desist declaration.
- Information about the origin of the sunglasses by a Right to information.
- Publication of plagiarism for Destruction of these goods.
- Payment of the Compensation for damagessophisticated Luxottica Group.
- Cost of the Warningusually from a value in dispute of 150.000 €, 200.000 € or in some cases even 250.000 €.
Do I now have to Cease and desist declaration hand in, provide information, send all affected sunglasses to Ray Ban and transfer a large sum to CBH lawyers?
You only have to fulfill Luxottica's claims if a trademark infringement has actually occurred.
In order to check whether the claims that the Luxottica Group is asserting against you through CBH Rechtsanwälte are justified, the allegation should first be investigated via a lawyer experienced in competition and trademark law be checked. After all, there is often no trademark infringement at all. Particularly suitable for this examination is a Specialist lawyer for intellectual property rights.
Can I simply use the enclosed Cease and desist declaration and save money?
What does mdrei - marken medien meyen do when I commission the trademark law firm?
As a result five test steps for the Trademark attorney necessary:
- Character similarity - Is the name of your sunglasses similar to "Ray Ban" in terms of trademark law?
- Similarity of goods - Is your product similar to one of the goods listed in Luxottica's register of goods and services?
- Use of the sign in the course of trade - Have you traded in sunglasses for business or as a private individual?
- Brand use - was the design 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.
It is not enough to simply delete all offers that are Ray Ban Warning have been reprimanded. This is because the owner of the trademark rights wants to be certain in this case that such a Injury his Trademark rights not repeated. One speaks of Risk of repetition. However, this can certainly only be achieved by penalized and valid for life Cease and desist declaration be eliminated.
One Cease and desist declaration must be serious. A Risk of repetition can therefore only be effectively excluded if you have a Contractual penalty with repetition of the trademark infringing acts promise. How high such a Contractual penalty and in which cases it should apply is the lawyer's trade. A too low or "wrong" Contractual penalty leads safely to Lawsuit or preliminary injunction.
You can often Declarations to cease and desist the Rights holderin this case the Luxottica Group S.p.A.in such a way that the infringer has to pay less or sometimes not at all even in the event of an infringement. This modified Cease and desist declaration can help to reduce the threat of contractual penalties for trademark infringers. An experienced lawyer can therefore help you at the beginning of the defense alone. save a lot of money!
Let Robert Meyen, specialist lawyer for intellectual property rightsadvise and defend. Contact us here.
Ray Ban WarningInformation and legal fees
In this case, the Infringer of trademark rights all Documents and data with regard to sales of the goods concerned to disclose. From the invoice, the number of sales, a revenue and surplus statement to the publication of the associated associated profit.
In addition, the infringer of the Trademark rights are generally obliged to disclose where these plagiarisms originally came from. Here, however Caution requiredas, in case of doubt, the opposing party can file an action for information, which the defendant, the infringer of the trademark right, can quickly cost more than € 5,000 can.
It goes without saying that the Costs of lawyers for the Warning in trademark law which are carried in a Value in dispute from 150,000 €, 200,000 €, up to 250,000 €, are high. We do not assume that CBH Rechtsanwälte will negotiate with private individuals in view of the brand's reputation.
We advise you and are happy to take over the defense of your Ray Ban Warning against Luxottica Group and CBH Rechtsanwälte
If you have been informed of a Ray Ban 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 Significant costs for the other party to lower. Please do not defend yourself: amateurish arguments annoy the opposing lawyers and do not help!
You will most likely find yourself in a very expensive process in court that will quickly find you cost over € 10,000 will.
The first goal in the defense of such a Ray Ban WarningLuxottica Group and its CBH attorneys, the fastest possible submission of a modified Cease and desist declaration. This has the highest priority!
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 email@example.com.