Can I take legal action against competitors who are infringing on my trademark rights?
July 30, 2022 | 30,00 EUR | answered by Sandra Bittner
Dear lawyer,
My name is Lina Bacigalupo and I run a small business specializing in the production and distribution of handmade jewelry. Some time ago, I registered my brand to protect my products from imitations and trademark infringements.
However, recently I have noticed that some of my competitors are producing similar jewelry pieces that closely resemble my own designs and even use my brand or similar brand names. I am concerned that these competitors are infringing on my trademark rights and affecting my reputation and revenue.
Therefore, I am wondering if I can legally take action against these competitors to protect my trademark rights and to compel them to cease their imitations. Are there ways in which I can legally address trademark infringements? What steps would I need to take to defend my rights as a trademark owner?
I would greatly appreciate it if you could assist me in this matter and provide potential solutions. Thank you in advance for your support.
Sincerely,
Lina Bacigalupo
Dear Mrs. Bacigalupo,
Thank you for your inquiry regarding trademark infringements by your competitors. As a lawyer specializing in competition law, I can advise you in this matter and show you possible legal steps to protect your trademark rights.
Firstly, it is important to determine if there is indeed a trademark infringement. Your competitors must be using your trademark or similar brand names without your consent in order for a violation to occur. If this is the case, you can take legal action against these competitors.
To address trademark infringements, you can take various measures. One option is to send a cease and desist letter to the relevant competitors. In this letter, you should outline the infringement of your trademark rights and demand that the competitors cease using your brand. Usually, you set a deadline for them to provide a cease and desist declaration with a penalty clause.
If the competitors continue to infringe upon your trademark rights despite the cease and desist letter, you can initiate further legal steps. These may include obtaining a preliminary injunction or filing a lawsuit in court. In a court proceeding, you can claim damages and enforce the cessation of the trademark infringement.
It is important that you act quickly in this matter to effectively defend your trademark rights. Therefore, I recommend that you promptly consult a specialized lawyer in trademark law to discuss your legal options and develop the best strategy.
I hope this information is helpful to you and I am available for further questions. Thank you for your trust and I wish you success in defending your trademark rights.
Sincerely,
Sandra Bittner, Lawyer
