"Sun" Warning by LSG Lorenz Seidler Gossel Attorneys at Law?
We can help you with warning letters from Ludwig Stocker Hofpfisterei in Munich.
Do not take warning letters from Sonne lightly!
When our clients have labeled their breads as "sunshine core" or "sunshine bread", they often receive a Warning due to trademark law by the Hofpfisterei Munich.
It's curious: somehow the Ludwig Stocker Hofpfisterei has succeeded in creating the "Sonne" brand. to be entered in the German trademark register.
The trademark owner of the trademark Sunthe Ludwig Stocker Hofpfisterei GmbH through the Law firm Lorenz Seidler Gossel accused of violating Trademark law to have violated the law.
The warnings we have received are from the lawyer Linus Paul Richter signed.
why do I have a Warning for trademark infringement of the "Sonne" trademark of Ludwig Stocker Hofpfisterei?
Hofpfisterei München is the owner of numerous brands with the name element "Sonne". It therefore prosecutes anyone who offers bread and rolls with the name "Sonne", "Sonnenkern" or "Sonnenbrot". Presumably you were simply found on the Internet.
Private sellers or private individuals cannot commit a trademark infringement. Recipients of trademark infringement warnings are often small bakers. In our experience, organic bakeries are particularly affected.
Sun Warning: Hope for a successful defense!
In the recent past, there have been several rulings by the BGH that make it more difficult for Hofpfisterei to enforce its rights. The chances of successfully prevailing against Hofpfisterei München have never been as good as they are today.
Hope for the warned parties BGH "SAM" decisionIn this case, the Federal Court of Justice recognized that the public is accustomed to clothing lines and items of clothing often bearing names that are not perceived as trademarks.
According to the BGH, they serve solely to differentiate between the company's own goods. For this to be the case, however, there would have to be a naming custom in the sector concerned.
In our opinion, this is the case with baked goods: the public is used to each product in a bakery display having its own name. However, this does not serve to exclude third parties from using the name, but merely to enable the customer to order, for example, the "Sonnenkern" instead of "das Graue da links hinten".
What do Ludwig Stocker Hofpfisterei and its lawyers Lorenz Seidler Gossel mean by "Risk of confusion"?
In the Trademark law is the Risk of confusion the decisive criterion in the assessment of a possible trademark infringement. This is the case if Baked goods the same name as the protected names carry or this confusingly similar sees. Unfortunately, this has Munich Regional Court has been very generous to the Hofpfisterei in the past and has waved through virtually every word combination containing "sun".
Sun-WarningWhat can I expect?
LSG demands everything on behalf of Hofpfisterei that a trademark owner can demand from the infringer:
- Complete Removal - i.e.: removal - of the warned offer.
- Omission the advertising or sale of bread or other baked goods bearing the name "Sonne" by submitting a Cease and desist declaration.
- Information on the origin of the goods through the trademark Right to information.
- Reimbursement of the Warning costsusually from a Value in dispute of € 200,000. In rare cases, however, the amount in dispute can also be € 150,000.00 or even € 500,000.00.
Do I need a Cease and desist declaration and transfer the claimed amount to Lorenz Seidler Gossel Attorneys at Law?
We advise you never to make a hasty Cease and desist declaration sign or transfer a lot of money to anyone just because they ask for it. You shouldn't either!
In order to check whether the claims that the Ludwig Stocker Hofpfisterei Towards you through LSG Attorneys at Law is justified, the allegation should first be made via a Trademark law should be checked by an experienced and knowledgeable person. After all, there is often no infringement at all.
Particularly suitable for this test is a Specialist lawyer for intellectual property rights. Trademark attorney Robert Meyen is a specialist lawyer for intellectual property law and therefore an expert in trademark matters.
Should I use the enclosed Cease and desist declaration sign? Can I save money with it?
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 experts and Lawyers to decide such proceedings in your favor.
Let us, experts in trademark law, represent you profitably. Contact us here and get a free check of your warning letter.
How does a trademark attorney check the sun-Warning?
As a result Five test steps for the Trademark attorney necessary:
- Character similarity - Are your baked goods labeled as "sun", "sun core" or with a similar sun name?
- Similarity of goods - Is your product similar to a product listed in the register of goods and services of the trademark "Sonne"?
- Use of the sign in the course of trade - Have you traded in baked goods for business or as a private individual
- Brand use - Has the name of your bread, roll or cake actually been used in the manner of a trademark? We have already reported on the SAM decision of the BGH above.
- Exceptions under trademark law - in §§ 22, 23 MarkenG there are further exceptions where there is no trademark infringement.
It is not sufficient to simply delete all offers that LSG Rechtsanwälte has published in its Warning has complained. 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.
The Risk of repetition can, according to established case law, be determined only by a penalized and valid for life Cease and desist declaration be eliminated. A Modified cease-and-desist declaration promises less than the person issuing the warning letter expects and enough to be considered as settling the dispute in court.
One Cease and desist declaration must be serious. A Risk of repetition can therefore only be effectively excluded if you have a Contractual penalty in the event of a repetition of the trademark infringing act 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 and brings a immense cost risk with it.
You can often Declarations to cease and desist the Rights holderin this case the Ludwig Stocker Hofpfisterei 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 save a lot of money!
Let Robert Meyen, specialist lawyer for intellectual property rightsadvise and defend. Contact us here.
They should Costs the Lawyers carrywhich are Value in dispute from 150.000 €, 200.000 €up to 500.000 €, are extremely high. We strongly advise against negotiating here yourself!
We advise you and are happy to take over the defense of your sun-Warning against Ludwig Stocker Hofpfisterei from Munich and LSG Lorenz Seidler Gossel Rechtsanwälte Patentanwälte Partnerschaft mbB
If you have been informed of a Sun-Warning are affected, please call us or send us a message. 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 achieving the required Significant costs for the other party to lower.
Please do not defend yourself: In the vast majority of cases, Hofpfisterei Munich "responds" directly with a complaint.
In the worst case, you may even weaken your position and provide the opposing attorneys and patent attorneys with new argumentation material for the fight.
Sun-Warning: The specialist lawyer saves a lot of money!
We would be pleased to represent you nationwide in this matter against the law firm LSG Lorenz Seidler Gossel Rechtsanwälte.