Tommy Hilfiger warning letter from Dr. Eikelau, Masberg & Kollegen
What is the law firm Dr. Eikelau, Masberg & Kollegen demanding on behalf of Tommy Hilfiger Europe?
Read on now if you too have received a Tommy Hilfiger warning letter from the law firm Dr. Eikelau, Masberg & Kollegen for Tommy Hilfiger Europe B.V. because of the Infringement of trademark rights have received.
Important: Do not ignore warnings from Tommy Hilfiger under any circumstances!
Many of our clients swear like sparrows when they receive a warning letter 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 mistake in submitting a cease-and-desist declaration or providing information can quickly cost several thousand euros. In particular threatens issuance of a temporary injunction.
Tommy Hilfiger warning letter: How did I violate 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 trademark rights. Put simply, a trademark is exhausted when the trademark owner has already benefited 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 Tommy Hilfiger's lawyers mean by "risk of confusion"?
The decisive criterion in the Trademark law is the likelihood of confusion. This means that even those items of clothing that are subject to the trademark rights of the Tommy Hilfiger whose name or logo are only reminiscent of Tommy Hilfiger Europe B.V. products, i.e. look confusingly similar to them.
Tommy Hifiger warning letter: What 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 letter.
- 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 Costs of the warningusually from a value in dispute of 200.000 €. This is expected to be € 3,456.59.
Do I now have to submit a cease-and-desist declaration, 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 sign the enclosed cease-and-desist declaration and save money?
We advise urgent from 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 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 instruct the brand 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.
Tommy Hilfiger warning letter: What is a modified cease-and-desist declaration? Should I submit such a "modUE"?
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.
If you do not submit such a cease-and-desist declaration, you will soon be issued with a preliminary injunction.
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 promise actions. 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 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 warning letter: information and legal fees
Many of our clients underestimate the Warning through Tommy Hilfiger the Right to informationwhich the opposing law firm against the Trademark infringer asserts.
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 Costs 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 will be happy to advise you and defend you against your Tommy warning letter.
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.
We would be happy to represent you nationwide in this matter against the law firm Dr. Eikelau, Masberg & Kollegen. 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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