What are the legal consequences of an unintentional trademark infringement?
June 4, 2024 | 40,00 EUR | answered by Ingo Hausdorf
Dear Mr. Lawyer,
My name is Isabel Wagner and I am the owner of a small online shop where I sell handmade accessories. Recently, I received a cease and desist letter from a company claiming that I used their brand in one of my products without the proper licensing rights. However, I was not aware of any wrongdoing and had sourced the product from a supplier who assured me that everything was legally sound.
Now I am very concerned about the legal consequences of such an unintentional trademark infringement. I wonder if I will have to pay high fines, if my business is at risk, and if I can even continue operating my online shop. I do not want any further problems and want to make sure that I am fulfilling my legal obligations.
Could you please explain to me what legal consequences I could face in the case of an unintentional trademark infringement? Are there possible solutions to rectify the situation and how can I protect myself from similar issues in the future? I appreciate any help and advice you can provide.
Thank you in advance.
Sincerely,
Isabel Wagner
Dear Mrs. Wagner,
Thank you for your inquiry regarding the cease and desist letter you received from a company claiming that you have used their trademark without proper licensing rights. It is understandable that you are concerned about the legal consequences of such an unintentional trademark infringement and want to ensure that you comply with your legal obligations.
Various legal consequences may arise from an unintentional trademark infringement. Possible penalties include damages, injunction claims, as well as the assumption of the legal costs of the party issuing the cease and desist letter. In severe cases, criminal prosecution may even be threatened. These consequences may vary depending on the individual case and depend on the extent to which the trademark infringement occurred and whether it was intentional or negligent.
To resolve the situation and avoid further legal action, it is advisable to promptly contact the company that reported the trademark infringement. In many cases, an out-of-court settlement can be reached by, for example, issuing a cease and desist declaration and agreeing to pay appropriate compensation.
To protect yourself from similar issues in the future, it is important to familiarize yourself with the trademarks of other companies before offering products in your online shop. Carefully verify the origin of your products and obtain written confirmations from your suppliers that they have all necessary rights to distribute the products.
As a trademark attorney, I strongly recommend seeking professional legal advice to clarify your situation and discuss possible solutions. I am available in my online consultation hours to answer your questions in detail and assist you in dealing with this legal matter.
I hope my answers are helpful to you and I am available for further questions.
Sincerely,
Ingo Hausdorf, Attorney at Law
