Tommy Hilfiger Warning by Dr. Eikelau, Masberg & Kollegen
What is the law firm Dr. Eikelau, Masberg & Kollegen demanding on behalf of Tommy Hilfiger Europe?
Important: Do not ignore warnings from Tommy Hilfiger under any circumstances!
Many of our clients swear like sparrows when they receive a Warning on behalf of Tommy Hilfiger Europe. We often hear accusations such as "Fraud" or "Rip-off".
If you also think that these warning letters are due to Trademark infringements a rip-off, then we have to disappoint you.
These are serious allegations. They are made by the trademark owner of the trademark Tommy Hilfigerthe Tommy Hilfiger Europe B.V.through the Lawyers of the law firm Dr. Eikelau, Masberg & Kollegenaccused of infringing trademark law and/or competition law.
Like others Noble brandsfor example Burberry or Louis Vuitton T-shirts, sweatshirts and other Tommy Hilfiger fashion accessories are also constantly copied. It is therefore quite understandable that Tommy Hilfiger Europe B.V. is taking a stand against this. Plagiarism defends itself.
The Trademark owner the Tommy" word marks, "Tommy Hilfiger"and "Hilfiger"and theWord/figurative markswiththe rectangular logo in the colors: dark blue, red, white is Tommy Hilfiger Europe B.V., based at Danzigerkade 165 in Amsterdam. Tommy Hilfiger has the Specialist law firm Dr. Eikelau, Masberg & Colleagues to take action against these offers of counterfeits.
They are accused of infringing the trademark rights of the registered trademarks Tommy and Brand registered logos
of the owner Tommy Hilfiger Europe B.V. is accused.
The owner of these trademark rights, the Tommy Hilfiger Europe B.V.demands the immediate refrain from all offers presented by you, the submission of a sufficiently penalized Cease and desist declarationthe takeover of the Legal fees and a Information with regard to the full scope of the infringing acts concerning the infringement of Tommy Hilfiger's trademark rights. Contact us here.
Any error in the submission of the Cease and desist declaration or the provision of information can quickly cost several thousand euros. In particular threatens issuance of a temporary injunction.
Tommy Hilfiger WarningHow have I infringed trademark law?
As part of a Trademark infringement In principle, the seller can only be held liable and accused if he acting commercially respectively in business dealings trades in goods or services.
If you are only acting privately, you cannot be accused of trademark infringement. Of course, this does not mean that the lawyers at Dr. Eikelau, Masberg & Kollegen cannot mistakenly consider you to be a trader and issue a warning anyway.
Of course, traders are allowed to sell Tommy products. However, the consent of the rights holder, in this case Tommy Hilfiger Europe B.V., is always required.
One exception is the Exhaustion of the trademark rights. To put it simply, a trademark is exhausted when the trademark owner has already profited once from the value creation of its trademarked product.
In Tommy Hilfiger Warnings you are almost always accused of, Plagiarism either introduced or offered to have. If you are accused of importing, the mandates usually begin with a border seizure.
Aim of the Tommy Hilfiger warnings are rarely the manufacturers of these plagiarized products, partly because they are China, Poland or the Turkey are hard to find. Small ones are therefore often caught Retailer with Fashion boutiques or from the Online trading.
Our clients often argue that their textiles don't say "Tommy Hilfiger" at all, but only something similar. Others complain that the arrangement of red and white in the logo is mirror-inverted.
However, for the lawyers of the law firm Dr. Eikelau, Masberg & Kollegen, the mere similarity is sufficient for the accusation of Trademark infringement.
What do the Tommy Hilfiger lawyers mean by "Risk of confusion"?
Tommy Hifiger WarningWhat should I expect?
Dr. Eikelau, Masberg & Kollegen demand the following from the warned parties:
- Complete Removal - i.e. removal - of the displayed article.
- Omission the import or sale of the textiles and accessories by submitting a Cease and desist declaration.
- Information on the origin of the garments is provided by a Right to information.
- Publication of plagiarism for Destruction.
- Payment of the Compensation for damagessophisticated Burberry Limited.
- Payment of the Cost of the Warningusually from a value in dispute of 200.000 €. This is expected to be € 3,456.59.
Do I now have to Cease and desist declaration hand it in, provide information, send all the goods concerned to Tommy Hilfiger or its lawyers and transfer the amount demanded?
In order to check whether the claims that the Tommy Hilfiger Europe B.V. through the Specialist law firm Dr. Eikelau, Masberg & Colleagues the allegation is justified, the allegation must first be made via a Competition and Trademark law experienced lawyer 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?
We advise urgent from taking action himself in such a case, because in trademark law it is almost impossible for a layman to take action against the opposing experts and attorneys to decide such proceedings in your favor.
Even if it sounds paradoxical: money for a good lawyer usually means money saved.
Let us, experts in trademark law, represent you and thus avoid expensive errors. Contact us here.
What does mdrei - marken medien meyen do when I commission the trademark law firm?
As a result Five steps when checking for trademark infringement necessary for the lawyer:
- Character similarity - Does your check pattern resemble the Burberry check in terms of trademark law?
- Similarity of goods - Is your product similar to any of the goods listed in Burberry's register of goods and services?
- Use of the sign in the course of trade - Have you traded in plaid textiles 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 Tommy Hilfiger Warning were included. 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.
Enter such a Cease and desist declaration you will soon receive a remission of the fine. preliminary injunction.
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 promise actions. 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 Tommy Hilfiger, 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.
Tommy Hilfiger Europe WarningInformation and legal fees
In this case, the Violator the Trademark rights all documents and data relating to sales of the goods concerned to discloseThis starts with income and expenditure statements, and continues with an indication of the number of sales, an income statement and a cash flow statement. Publication of the associated Profit.
In addition, the infringer of the Trademark rights The manufacturer is generally obliged to provide information on where these plagiarisms originally came from. Here, however Caution in case of doubt, the opposing side can file an action for information, which the Defendantthe infringer of the trademark right, quickly far more than 5.000 € can cost.
The Cost of the Warning which are carried in a Value in dispute from 200.000 €are very high. We do not expect Dr. Eikelau, Masberg & Kollegen to negotiate with private individuals in view of the high profile of the Tommy Hilfiger brands.
We advise you and are happy to take over the defense of your Tommy-Warning.
If you have been informed of a Tommy Hilfiger Warning by law firm Dr. Eikelau, Masberg & Colleagues are affected, call us quickly or send us a message. We will then 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 don't defend yourself: pseudo-legal arguments annoy lawyers and won't get you anywhere! You will most likely find yourself in a very expensive process in court that will quickly find you over € 15,000 will cost.
The first goal in the defense against such Tommy Hilfiger Warning from theTommy Hilfiger Europe B.V. and their attorneys from the law firm Dr. Eikelau, Masberg & Kollegen, it is therefore necessary to submit a modified Cease and desist declaration.