Ray Ban received a warning letter from CBH Rechtsanwälte?
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 usually € 150,000, CBH requests reimbursement of the legal fees in connection with this warning.
In addition, the immediate surrender of all copies of the trademark-infringing sunglasses still held by the recipient of the warning letter is demanded. This serves to prevent further distribution and trade in unlawful copies.
Luxottica warning letter: why have I received a warning letter for trademark infringement of the trademark RAY Ban (Union word mark 016436396 )?
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 trademark rights holder, in this case the Luxottica Group. One exception is the exhaustion of 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 trademark "RAY-BAN" and has decided to take action against trademark infringements. We therefore advise that the recipient of this warning carefully examines the above claims and responds appropriately.
What does CBH or Luxottica mean by "risk of confusion"?
In the Trademark law is always about Risk of confusion. This means that even those sunglasses trademark rights of the brand Ray Ban whose names are only reminiscent of Ray Ban, i.e. look or sound confusingly similar.
Ray Ban warning letter: What should I expect?
- 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.
- Costs 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 submit a cease-and-desist declaration, provide information, send all affected sunglasses to Ray Ban and transfer a large sum to CBH Rechtsanwälte?
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 sign the enclosed cease-and-desist declaration and save money?
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 Warning lawyers to decide such proceedings in your favor. Let us, experts in trademark law, represent you profitably. Contact us here.
What does mdrei - marken medien meyen do when I instruct the brand law firm?
- 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.
Ray Ban warning letter: What is a modified cease-and-desist declaration and why should I submit a "mod UE"?
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.
Cease-and-desist declaration without contractual penalty?
A cease-and-desist declaration must be serious. A risk of repetition can therefore only be effectively excluded if you agree to a contractual penalty in the event of repetition of the infringement. trademark infringing acts promise. How high such a contractual penalty must be and in which cases it should apply is a lawyer's trade. A contractual penalty that is too low or "wrong" will certainly lead 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 warning letter: information and legal fees
Many of our clients underestimate the Warning for Ray Ban the Right to informationwhich the Trademark owner against the Infringer of the trademark right asserts.
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 resulting 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 warning letters 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 will be happy to advise you and take over the defense of your Ray Ban warning letter against the Luxottica Group and CBH Rechtsanwälte
If you have been informed of a Ray Ban warning letter from CBH lawyers 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 defending against such a Ray Ban warning letter from the Luxottica Group and its CBH lawyers is therefore to submit a modified cease-and-desist declaration as quickly as possible. 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 letter as an attachment - to kanzlei@marken.legal.
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