Trademark warning from Faina Lifestyle Sp.z.o.o.

Warning letter from Faina Lifestyle for trademark infringement

Who issues a warning?

The law firm of Have Fey from Hamburg was instructed by Faina Lifestyle Sp. z.o.o. from Warsaw, Poland, to issue warning letters under trademark law due to infringements of the registered trademarks "FAINA".

Faina Lifestyle is a company that manufactures and sells clothing, accessories and shoes. It sells some of its products under the "FAINA" brand, which are available from well-known retailers and online retailers such as Zalando, AboutYou, Limango and many others.

The warnings mainly affect online retailers who advertise their goods using the name "FAINA".

What are Faina's warning letters about?

The warning letter concerns alleged trademark infringements. The defendant is accused of offering, distributing and advertising goods that allegedly show a likelihood of confusion with the protected trademarks "FAINA" and "Faina".

Faina Lifestyle is the owner of the German word mark "FAINA" (registration number: 302015052005), which is registered with the German Patent and Trademark Office (DPMA), and the international trademark "Faina" (registration number: IR-1 317 724). Both trademarks enjoy comprehensive protection under trademark law.

According to Faina Lifestyle, the brand is used intensively and generates high sales, particularly in the Class 25 segment, which also includes clothing.

In the case before us, the warning is directed at an online offer of the client, which also offers clothing under the name "Faina". According to the client, the allegation was verified by a test purchase. The law firm Have Fey Rechtsanwälte clarifies in the warning letter that the use of the sign "Faina" for clothing without the consent of the trademark owner is assessed as a trademark infringement pursuant to Section 14 (2) No. 2 MarkenG due to an identity of goods and signs.

These are the demands:

In the present Trademark warning the following things are required:

  • Omission
  • Provision of information
  • Compensation for damages
  • Warning costs in the amount of € 2,171.50 plus test purchase costs in the amount of € 210.50

The requested warning costs are based on an object value of €100,000. The claim for information requires details such as old invoices, delivery bills, the quantity of goods received or ordered and the name and address of the commercial customers or clients.

Received a warning letter from Faina? - You should do that!

If you have received a warning letter from von Have Fey Rechtsanwälte, you should first take it seriously. It is best to take the following steps to respond appropriately to the warning letter:

  1. Keep calm: It is understandable that a warning letter causes stress and worry. However, it is important to keep a clear head and not let panic get the better of you. Keep calm so that you can better assess the situation and take appropriate action.
  2. Observe deadlines: When issuing a warning letter, it is very important that the deadlines are observed. These are often tight, but must be observed in any case, as otherwise even more expensive costs may be incurred in court. In the case before us, a temporary injunction was obtained from the Hamburg Regional Court immediately after the deadline expired.
  3. Do not make contact with the opponent: It is advisable not to contact the lawyer issuing the warning directly. The opposing lawyer is only acting in the interests of his client and therefore often negotiates things that are not in your interests. For this reason, it is best to have all communication go through an experienced lawyer in order to adequately protect your interests.
  4. Do not sign anything without legal advice: Do not sign anything without first having it checked by a lawyer. The cease-and-desist declaration in particular can trigger far-reaching obligations and duties to act to eliminate the infringements for which a warning has been issued. Even if the allegations are justified, in many cases it may be sufficient to submit a modified cease-and-desist declaration that is less far-reaching.

When you receive a warning letter, a sound legal assessment is often very important in order to take the right steps and respond appropriately. A lawyer specializing in trademark law can help you assess the situation correctly, protect your rights and develop a suitable course of action.

What can we do for you?

Have you received a warning letter from von Have Fey Rechtsanwälte? Then let us advise you. Our law firm has many years of experience in the field of trademark and unfair competition law. Competition law and has successfully represented clients in these matters for many years.

If you have received a warning letter from the law firm of Have Fey on behalf of Faina Lifestyle, simply send it to us by email. You will then immediately receive a free initial assessment and recommendations for further action, including an assessment of the legality of the costs claimed.

It is advisable to document the specific warning situation in detail, for example with screenshots, before you delete your offers. This gives us a better insight into your situation and enables us to help you even more effectively.

Our expertise lies in Protection of intellectual propertybe it trademark law, copyright law or design law. In our many years of experience, we have often been able to achieve out-of-court advantages for our clients and in some cases have even been able to fend off warning letters completely.

Rely on our expertise and contact us to protect your legal interests and respond appropriately to the warning letter.

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