Warning letters from Faina Lifestyle Sp. z o.o. - A comprehensive guide for online retailers and entrepreneurs

Recently, we have been receiving an increasing number of inquiries about warning letters from Faina Lifestyle Sp. z o.o. from the law firms Have Fey and CBH Rechtsanwälte. How you should deal with them and how we can help you.

Introduction
Background and warning practice of Faina Lifestyle Sp. z o.o.
Legal basis
- 3.1 Trademark law
- 3.2 Copyright and competition law
Typical warnings and case studies
Risks and consequences for those affected
Strategies for avoiding and dealing with warnings
Recommendations for action: How to react correctly
Conclusion and outlook
Contact and legal advice

1. introduction

Warning letters on the Internet, especially in the area of trademark law, are constantly increasing. Companies such as Faina Lifestyle Sp. z o.o. use these instruments to rigorously defend their registered trademarks and property rights. This article is aimed at online retailers and entrepreneurs who want to protect themselves from expensive legal consequences - supported by practical tips and current case studies.

2. background and warning practice of Faina Lifestyle Sp. z o.o.

Faina Lifestyle Sp. z o.o. operates as an active player in the field of intellectual property. The company is active in the production, distribution and marketing of clothing, shoes, jewelry and accessories, defends its brands - about FAINA, caissa and USHA - with the help of warning letters. The aim is to rule out the risk of confusion and prevent unauthorized use out of court.

Typical claims include:

Declarations to cease and desist with penalty clause
Right to information (e.g. on sales figures, prices and turnover)
Claims for damages and legal fees

3. legal basis

3.1 Trademark law

Trademark protection and registration:
A registered trademark such as FAINA, caissa or USHA enjoys comprehensive protection. Any unauthorized use that could give rise to a likelihood of confusion constitutes an infringement.
Risk of confusion:
The decisive factor is whether the average consumer interprets the sign used as an indication of origin or as identical to the protected trademark.
Legal consequences:
In the event of a proven trademark infringement, there is a risk of injunctive relief, claims for damages and high legal fees.

3.2 Copyright and competition law

Copyright:
Protects creative services such as texts, images and designs. Unlicensed use can also lead to warnings. We have received several warning letters for photos of the "Schmuddelwedda" brand.
Competition law:
Relevant regulations apply if the use of certain signs results in misleading information that distorts competition.

4. typical warnings and case studies

4.1 Warning due to the FAINA trademark

Facts of the case:
An online retailer uses a model designation or a sign that corresponds to the trademark FAINA is too similar.
Claims:
A cease-and-desist declaration with penalty clause, claims for information as well as claims for damages and legal fees.

4.2 Warning letters from CBH Rechtsanwälte

Facts of the case:
The law firm CBH (Cornelius Bartenbach Haesemann & Partner) is sending warning letters on behalf of Faina Lifestyle due to alleged trademark infringements.
Claims:
In addition to the declaration to cease and desist, extensive claims for information (e.g. invoices, delivery bills) and high financial claims are made - in some cases based on amounts in dispute of up to €100,000.

4.3 Warning in connection with the caissa trademark

Facts of the case:
An online retailer uses the brand caissa without the consent of Faina Lifestyle Sp. z o.o.
Claims:
Pre-formulated cease-and-desist declarations and declarations of obligation subject to penalty as well as claims for information and damages based on a value in dispute of € 50,000.

4.4 Case study: Warning letter due to the USHA trademark

Facts of the case:
In January 2025, the law firm VON HAVE FEY Attorneys at Law sent a letter to a client. It is alleged that the trademark USHA - a trademark allegedly used continuously since 1976 to identify clothing and accessories - is used in a web store without the consent of Faina Lifestyle Sp. z o.o..
Brand background:
The brand USHA has been used in Germany and other European countries for over 40 years and enjoys a high level of recognition - as evidenced by its distribution via platforms such as Zalando, Amazon, AboutYou and others.
Claims:
The warning letter demands that the advertising, offering and distribution of clothing under the "Usha" brand be stopped immediately. In addition, a cease-and-desist declaration with a penalty clause - with far-reaching obligations, such as the provision of information on sales figures - must be submitted by mid-March 2025 at the latest. Failure to comply could result in legal action.

5 Risks and consequences for those affected

Financial burdens:
High costs due to claims for damages, legal fees and possible legal proceedings can threaten the existence of small and medium-sized companies in particular.
Reputational damage:
Disputes that become public can have a lasting impact on the trust of customers and business partners.
Legal uncertainties:
The complexity of the interplay between trademark, copyright and competition law increases the pressure to react quickly and often hastily.
Operational restrictions:
Necessary internal reviews and adjustments can lead to considerable delays and economic losses.

6. strategies for avoiding and dealing with warnings

Regular legal reviews:
Have your content and business processes regularly checked by a specialist intellectual property lawyer.
License management:
Only use legally licensed images, texts and trademarks and document all rights of use.
Employee training:
Train your team in dealing with trademarks and copyrights to avoid mistakes at an early stage.
Implementation of compliance systems:
Continuous monitoring of your online content helps to identify and rectify potential infringements at an early stage.

7. recommendations for action: How to react correctly

Keep calm and observe deadlines:
Read the warning letter carefully and make a note of all important deadlines.
No hasty signatures:
Do not sign any pre-formulated cease-and-desist declarations before they have been checked and - if necessary - modified by a specialist lawyer.
No direct contact:
Avoid independent negotiations with the party issuing the warning so as not to weaken your legal position.
Save documentation:
Save all warning letters, emails, screenshots and other relevant documents.
Expert legal advice:
Contact an experienced intellectual property lawyer at an early stage to analyze your individual situation properly and optimize your negotiating position.

8 Conclusion and outlook

The warning letter practice of Faina Lifestyle Sp. z o.o. illustrates how complex the interplay of trademark, copyright and competition law in online retail has become. High financial demands, extensive claims for information and cease-and-desist declarations with a penalty clause can threaten the existence of small and medium-sized companies in particular. Preventive measures, sound licence management and the early use of expert legal advice are therefore essential in order to secure long-term economic freedom and minimize legal risks.

9. contact and legal advice

If you have received a warning letter or have questions about trademark law issues, I will be happy to assist you as an experienced lawyer and specialist lawyer for intellectual property rights.
Take advantage of our free initial consultation to discuss your individual situation and secure your rights.

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