Can I take legal action against companies that use my brand unlawfully?
January 25, 2022 | 30,00 EUR | answered by Greta Kleine
Dear Lawyer,
My name is Martina Weinert and I am the owner of a small but successful brand in the cosmetics industry. Lately, I have noticed that some companies are using my brand without permission to promote their products. This not only causes financial damage to my company, but also damages my brand's image, as the quality of my products is no longer associated with my brand.
I have already tried to inform the companies that they are not allowed to use my brand without my permission. Unfortunately, this has had little success so far and the unauthorized use continues. I am concerned that this could have long-term effects on my company and I am wondering if I can take legal action against these companies.
Can you tell me what legal steps I can take to address the unauthorized use of my brand? Are there ways to obtain a cease and desist order against the use of my brand? And what claims do I have for damages?
I am very grateful for your assistance and hope that you can help me with this matter.
Sincerely,
Martina Weinert
Dear Mrs. Weinert,
Thank you for your inquiry regarding the unauthorized use of your trademark by other companies. It is understandable that you are concerned about the financial harm and damage to your image that this situation is causing for your company. As a lawyer specializing in competition law, I can provide you with some information on what legal steps you can take to address the unauthorized use of your trademark.
First and foremost, it is important to know that as the owner of a trademark, you are protected by trademark law. This means that other companies cannot use your trademark without your permission. If you find that companies are using your trademark without authorization, you can take legal action to address this infringement.
One way to address the unauthorized use of your trademark is through a cease and desist letter. In this letter, you can demand that the companies stop using your trademark. If the cease and desist letter is not successful, you can obtain an injunction to immediately stop the use of your trademark. Additionally, you can also claim damages to compensate for the financial harm caused by the unauthorized use of your trademark.
It is advisable to consult a specialized lawyer in competition law in such cases to ensure a legally sound approach. The lawyer can help you initiate the necessary steps and effectively represent your interests.
I hope this information is helpful to you and I am available to answer any further questions you may have. Please do not hesitate to contact me if you need legal assistance.
Sincerely,
Greta Kleine, Attorney at Law
