Warning letter in trademark law from Fortuna Düsseldorf for BluePort Legal

Have you received a warning letter from Blueport Legal for trademark infringement of the trademarks "Fortuna", "F95" or the Fortuna emblem?

We recently received a warning letter from the Düsseldorf gymnastics and sports club Fortuna 1895 e.V., better known as "Fortuna Düsseldorf". Our client is accused of having used the word mark "Fortuna Düsseldorf" (registration number 302009072133) and the word/figurative mark "Emblem" (registration number 302009072134) without authorization. Our client had used the logo as part of a Düsseldorf artwork.

UPDATE: In the meantime, BluePort Legal has also issued warnings for several other soccer clubs, including

• Düsseldorfer Turn- und Sportverein Fortuna 1895 e.V. (Fortuna Düsseldorf)
• SG Dynamo Dresden Merchandising GmbH
• FC Union Berlin e.V.
• FC Nuremberg e.V.
• VfL Wolfsburg-Football GmbH
• HSV Fußball AG
• VfB Stuttgart 1893 AG
• FSV Mainz 05 e.V.

More than just trademark law

The law firm BluePort Legal is not only relying on trademark law, but also on the right to the name (Section 12 BGB) and the business name (Section 5 MarkenG). Based on these rights, Fortuna Injunctive relief and claims for damages (Sections 14, 15 MarkenG) to.

Injunctive relief

In trademark law, the trademark owner can not only demand that the trademark infringement simply cease, but also that the seriousness of the cessation be underpinned by the submission of a cease-and-desist declaration with penalty clause. In a cease-and-desist declaration with penalty clause, the party obliged to cease and desist declares that it will no longer commit a certain act in future and, if necessary, will pay a contractual penalty.

Claim for damages

The damages are not quantified in detail. Only the costs of the warning letter from a value in dispute of € 50,000.00 (€ 2,002.41 gross) are specified and are to be transferred promptly.

How should I react to the trademark warning from Fortuna Düsseldorf?

We have found BluePort Legal to be quite "courageous". The warning letter we received was contestable in several places. We therefore advise you to contact a specialist lawyer immediately and have your warning letter checked. Under no circumstances should you allow the deadline to expire, as you could then be threatened with an interim injunction.