Do you have a Warning for trademark infringement of the trademarks "Fortuna", "F95" or the Fortuna emblem by Blueport Legal?

We recently received a Warning of the Düsseldorf gymnastics and sports club Fortuna 1895 e.V., better known as "Fortuna Düsseldorf". Our client is accused of unauthorized use of the word mark "Fortuna Düsseldorf" (registration number 302009072133) and the word/figurative mark "Emblem" (registration number 302009072134). Our client had used the logo as part of a Düsseldorf artwork.

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 be terminated, but also that the seriousness of the termination be confirmed by the submission of a penalty declaration. Cease and desist declaration to substantiate the claim. In the case of the penalized Cease and desist declaration the debtor of the injunction declares that he will no longer commit a certain act in the future and, if necessary, will issue a Contractual penalty to be paid.

Claim for damages

The Compensation for damages is not quantified in detail. Only the costs of the Warning from an amount in dispute of € 50,000.00 (€ 2,002.41 gross) have been named and are to be transferred promptly.

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

We have experienced BluePort Legal as quite "courageous". The Warningthat reached us was vulnerable in several places. We therefore advise you to contact a specialist lawyer immediately and have your Warning to have it checked. Under no circumstances should you allow the deadline to expire, as you may then be subject to a temporary injunction.