What legal steps can I take if a competitor unlawfully uses my brand?
September 14, 2023 | 30,00 EUR | answered by Sophia Breitwieser
Dear competition law attorney,
I am reaching out to you with an urgent question regarding a situation that concerns me greatly. My name is Marcus Ehrenbreit and I am the owner of a brand that I have built up over the years, which has a high level of recognition. I have recently discovered that a competitor is using my brand unlawfully to promote and sell their own products.
This unauthorized use of my brand not only dilutes my brand image, but also causes direct harm to my company, as customers may potentially confuse my competitor's products with my brand. I am concerned that this could ultimately lead to a loss of customers and revenue.
I am aware that this unauthorized use of my brand constitutes a violation of competition law, and I would like to know what legal steps I can take to address this issue. What options are available to me as the owner of the brand to compel the competitor to cease the unauthorized use of my brand and to seek damages?
I would greatly appreciate it if you could provide me with detailed advice on this matter and suggest possible solutions to effectively protect my brand. I am counting on your expertise and experience in the field of competition law to successfully represent my interests.
Sincerely,
Marcus Ehrenbreit
Dear Mr. Ehrenbreit,
Thank you for your inquiry regarding the unauthorized use of your trademark by a competitor. It is understandable that you are concerned and wish to take measures to protect your brand and minimize the damage caused to your company by the unauthorized use.
First and foremost, it is important to emphasize that the unauthorized use of your trademark by your competitor does indeed constitute a violation of competition law. Your rights as the trademark owner are being infringed upon, and you have various legal options to take action against this.
One initial step you can take is to send a cease and desist letter to the competitor. In the letter, you request the competitor to immediately stop the unauthorized use of your trademark and provide a legally binding declaration to cease such actions. If the competitor does not comply with this request, you can take legal action to obtain an injunction or file a lawsuit for prohibition.
Furthermore, as the trademark owner, you are entitled to damages. The unauthorized use of your trademark causes you concrete economic harm, including lost profits and the depreciation of your brand value. By claiming damages, you can compensate for this harm and offset your financial loss.
In addition to the mentioned measures, you can also take preventive actions to more effectively protect your brand in the future. This includes, for example, registering your trademark with the German Patent and Trademark Office to legally secure your rights as the trademark owner and to be able to more easily prove any infringements of your trademark.
Overall, it is advisable to seek advice from an experienced competition law attorney in this matter to effectively represent your interests and find the best possible solution for your concern. I am happy to provide you with detailed advice and support you in asserting your rights as the trademark owner.
Sincerely,
Sophia Breitwieser
Attorney specializing in competition law
