Warning letter from Miele - trademark law, copyright law & competition law

Introduction: Why Miele is currently sending out so many warning letters

Since at least 2023, the Miele & Cie. KGrepresented by the BRANDI Attorneys at Lawis increasingly issuing warnings to online retailers. This mainly affects providers on Amazon, eBay or with their own stores selling Miele products or accessories.

With these warnings, Miele is pursuing the goal of Control over distribution and brand presence to keep. Affected retailers are confronted with several accusations at once - from Trademark infringements about Copyright infringements up to Infringements of competition law.

Who issues warnings - and why?

The warning letter is Miele & Cie. KG from Güterslohone of the best-known brands in the premium segment for household appliances. Miele is represented in the cease-and-desist letters by the law firm BRANDI Attorneys at Law.

The background to this is the selective distribution systemOnly authorized dealers are allowed to sell Miele products. Dealers outside the system are quickly targeted if they offer original products, accessories or re-imports.

Typical allegations in a Miele warning letter

Trademark infringements

• Sale of original Miele products allegedly not sold by Miele within the European Economic Area (EEA) or the European Union (EU) was placed on the market (keyword: Exhaustion principle).

• Suspicion of Parallel imports from non-EU countries.

• The sale of accessories or spare parts labeled "Miele" if they are not original. Only clear labeling such as "suitable for Miele" is permitted.

Copyright infringements

• Use of Miele product images without authorization, including attachments to via Amazon ASINs.

• Simple product photos are also protected under Section 72 UrhG.

• Anyone who uses such images in their offers is usually committing a copyright infringement.

Violations of competition law

• Discount advertising without correct reference priceAccording to § 11 PAngV, the percentage reduction must be based on the lowest price of the last 30 days. This has also been confirmed by the ECJ.

• Usury accusationPrices significantly above the recommended retail price (RRP) or the market price.

• Misleading informatione.g. "new goods" for products with recycled material.

• Missing warnings for detergents or cleaning agents.

What does Miele specifically require?

In the warnings we have received, Miele regularly demands:

• Submission of a cease-and-desist declaration with penalty clause - usually formulated very broadly.

• Comprehensive information about origin, suppliers, customers, sales, advertising and profits.

• Compensation for damages and reimbursement of test purchase costs (often €60).

• Warning costs: regularly about 3.200,56 € (RVG calculation based on an object value of € 150,000). In individual cases, up to € 4,095.50 is charged.

Platforms in focus: Amazon, eBay & online stores

Amazon

• The following are particularly problematic ASINswhere Miele product images are automatically displayed. Dealers are nevertheless liable for copyright infringements.

• Incorrect price information also leads to warnings.

eBay

• This is often about the Proof of the supply chainDistributors must prove that the products have been lawfully placed on the market in the EEA.

Own stores

• Danger due to incorrect labeling ("Miele filter" instead of "compatible with Miele").

• Lack of instructions for cleaning products.

How should you react to a warning letter from Miele?

1. Do not ignore it! Otherwise there is a risk of an injunction or legal action.

2. Adhere to deadlines - usually only 1-2 weeks.

3. Check declaration of discontinuanceTemplates are often too extensive and need to be modified.

4. No premature payment perform.

5. Save evidenceInvoices, delivery bills, supply chain documents.

6. Obtain legal adviceThe situation is particularly complex when it comes to trademark and competition law.

Cost risks in detail

• Object valuesmostly €150,000 to €250,000.

• Warning costsapprox. 3.200 € - 4.095 €.

• Additional costsTest purchases, compensation, possible contractual penalties for infringements.

An ill-considered signature can lead to considerable financial burdens.

FAQ: Frequently asked questions about Miele's warning letter

May I write "suitable for Miele"?
Yes, but only if it is otherwise clear that the goods are not original.

Do I have to enter the lowest price of the last 30 days?
Yes, for every discount advertisement according to § 11 PAngV.

Who bears the burden of proof for parallel imports?
Miele believes that the dealer must provide evidence of the supply chain. We see it differently.

What are the costs of a Miele warning letter?
Regularly approx. €3,200, in individual cases up to €4,095 plus test purchases.

What happens if I ignore the warning?
Then there is the threat of an injunction or legal action - with even higher costs.

Conclusion & practical tips

Miele is systematically taking action against online retailers. Typical are Several allegations in one warning letter - Trademark law, copyright law and competition law are often combined.

Those affected should:

• do not sign anything prematurely,

• do not make any payments before the claims have been checked,

• seek legal advice to minimize the risks.