Mercedes-Benz warnings in trademark law and design law by Heumann Rechtsanwälte

Mercedes Benz Group AG is one of the world's leading automobile manufacturers and protects its trademark and design rights extremely strictly. Recently, there has been an increasing number of warning letters issued by the law firm Heumann Rechts- und Patentanwälte on behalf of Mercedes Benz Group AG. The main victims are online retailers who offer accessories or wheel rims and are allegedly infringing the property rights of Mercedes Benz Group AG.

The accusation of such warnings often revolves around the Infringement of trademark rightssuch as the name "MERCEDES-BENZ", the Mercedes star or design rights to protected products, such as specific wheel designs. Such a warning usually requires a cease-and-desist declaration and declaration of commitment subject to penalty and the reimbursement of considerable costs.

Overview of the Mercedes warnings

• Declaration to cease and desist with penalty clauseThe warning letter demands a cease-and-desist declaration with penalty clause in order to eliminate the risk of repetition.
• High amounts in disputeThe amount in dispute for design and trademark infringements is often in the high six-figure range, which can lead to considerable costs.
• Modified cease-and-desist declarationIt is advisable to submit a modified cease-and-desist declaration in order to minimize risks and costs.
• Examination of the allegationsA detailed examination of the allegations is essential in order to avoid unnecessary costs and to develop a sound defense strategy.
• No direct contactDirect contact with the person issuing the warning letter should be avoided in order not to risk any legal disadvantages.

Trademark warnings by the Mercedes Benz Group AG

A warning letter under trademark law issued by Mercedes Benz Group AG is usually aimed at preventing the unlawful use of the "MERCEDES-BENZ" trademark. This primarily affects online retailers who offer accessories for Mercedes-Benz vehicles on the Internet and use the "MERCEDES-BENZ" brand. An example of this would be the offering of alloy wheels that are advertised with the protected brand name.

In such a warning letter, a cease-and-desist declaration with penalty clause is often demanded to ensure that the warned party will no longer use the trademark without authorization in the future. In addition, the warned party is requested to pay legal fees, which are based on the high value in dispute of the trademark. In this case, the amount in dispute is 250,000 euros, which led to costs of 3,865.00 euros.

Design law warnings: The accusation of design infringement

In addition to warnings under trademark law, warnings under design law are also becoming increasingly common. One specific case concerns the infringement of the protected wheel design of Mercedes Benz Group AG. The defendant is accused of offering a wheel rim in its online store that is almost identical to a design protected under registration number DM/081 000.

The consequences of such a warning are considerable. In addition to submitting a cease-and-desist declaration with penalty clause, the warned party is requested to provide information about the sales figures and routes of the counterfeit rims and to withdraw the infringing products from circulation and destroy them. A high amount in dispute is also set here, which further increases the already considerable costs.

Risks and tactical approach to warnings

The risk associated with such a warning is enormous. Not only the high costs of the warning itself, but also the threat of contractual penalties in the event of breaches of the cease-and-desist declaration can lead to considerable financial burdens. Any future breach of the cease-and-desist declaration can lead to a contractual penalty of at least EUR 5,000, even if the breach was unintentional.

It is therefore crucial to take a prudent and strategic approach when responding to a warning letter. This is particularly important for companies that wish to continue operating in the field of automotive parts sales. A detailed legal review should be carried out here in order to minimize long-term risks.

Our support with trademark and design right warnings

If you have received a warning letter from Mercedes Benz Group AG, we are at your side with our comprehensive expertise. We offer a free initial assessment of your warning letter and help you to thoroughly examine the allegations and develop the best possible defense strategy.

Our law firm supports you in avoiding unnecessary costs and risks and shows you how you can effectively defend yourself against the warning letter. Individual advice tailored to your specific situation is particularly important to us.

Conclusion

Warning letters from Mercedes Benz Group AG, whether due to a trademark or design right infringement, should not be taken lightly. The high amounts in dispute and the complexity of trademark and design law require professional handling of the case. With the right defense strategy, however, unnecessary costs and legal consequences can be avoided. Our law firm will provide you with comprehensive advice and support.

FAQs

What is a cease-and-desist declaration with penalty clause and why is it important?
A cease-and-desist declaration with penalty clause is a document in which the person being warned promises to refrain from the offending act in the future. Violations can result in high contractual penalties, which is why the declaration should be carefully reviewed and modified if necessary.

Can I simply sign a cease-and-desist declaration with a penalty clause?
Heumann Rechtsanwälte's cease-and-desist declaration with penalty clause goes beyond the actual infringement and restricts your economic progress. We therefore advise you to submit a modified cease-and-desist declaration drawn up by a lawyer.

What are the typical costs of a warning letter from Mercedes Benz Group AG?
The costs can vary considerably depending on the amount in dispute. In many cases, a value in dispute of 250,000 euros is used, which leads to legal fees of 3,865.00 euros.

What are the risks of submitting a cease-and-desist declaration with a penalty clause?
The declaration is usually valid for life and breaches can result in high contractual penalties. It is therefore important to customize the declaration and clarify possible risks in advance.

Why should you not contact the party issuing the warning directly?
Careless statements or actions can have legal disadvantages. It is therefore advisable to contact an experienced lawyer to protect your interests in the best possible way.