What measures can I take if a competitor copies my brand?
May 3, 2022 | 40,00 EUR | answered by Georg Sauer
Dear lawyer,
I am Piotr Hirschberg and the owner of a successful brand in the textile industry. Over the past few weeks, I have noticed that a direct competitor is copying my brand and introducing similar products with a similar name to the market. This unauthorized imitation not only harms my company, but also my reputation and credibility as a brand.
The brand that I have built over the years stands for quality, sustainability, and innovation. It is very frustrating to see my competitor trying to profit from my success without contributing their own ideas and efforts. I am concerned that customers may confuse my brand with that of the competitor, leading to a decrease in my sales and market share.
I am wondering what measures I can take to address this unfair copy and protect my brand. Should I take legal action to force the competitor to cease and desist? Are there ways to claim damages or remove the counterfeit products from the market? Which authorities are responsible and how long would such a legal dispute last?
I would greatly appreciate your professional advice and support in defending my intellectual property and stopping the competition. Thank you in advance for your help.
Sincerely,
Piotr Hirschberg
Dear Mr. Hirschberg,
Thank you for your inquiry regarding the protection of your brand against unauthorized imitation by a direct competitor. It is understandable that you are concerned, as this can not only harm your company, but also your reputation and credibility as a brand.
In such a situation, there are various measures you can take to address the unfair copy and protect your brand. First and foremost, you should check if your brand is legally protected. If you have registered your brand with the German Patent and Trademark Office, you can take action against the imitation, as your competitor may be violating trademark law.
One way to address the unauthorized copy is to initiate a cease and desist procedure. In this process, you can demand that your competitor cease using your brand and potentially claim damages. To remove the counterfeit products from circulation, you can also apply for an injunction.
The competent authorities for such disputes are usually the civil courts. Depending on the complexity of the case and the workload of the courts, such a legal dispute can take varying lengths of time. However, it may take several months to several years before a final judgment is issued.
It is advisable to seek advice from a specialized attorney in competition law in such a case, in order to defend your rights effectively. An experienced attorney can help you take the right legal steps and represent your interests effectively.
If you have further questions or require consultation, I am at your disposal. I hope this information is helpful to you and wish you success in defending your brand.
Sincerely,
Georg Sauer
Attorney at Law specialized in Competition Law
