What are the legal consequences of trademark infringement on the Internet?
March 17, 2022 | 50,00 EUR | answered by Helma Krause
Dear trademark lawyer,
I am reaching out to you with a question that has been causing me great concern for some time. My name is Björn Weiß and I run an online business where I sell self-designed products. I have recently discovered that a competitor is using my brand and logo on the internet without my permission. This infringement of my trademark is causing me a lot of headache, as I fear it could cause significant harm to my company.
The current situation is that my brand is being unlawfully used on the internet and I am unsure of the legal consequences this could entail. Therefore, I am reaching out to you to find out what steps I should take in such a situation. Are there ways to legally address the trademark infringement and make claims for damages? What steps should I, as the affected trademark owner, take to protect my rights and limit the damage?
I would greatly appreciate your expert assessment and possible solutions to clarify the situation and protect my brand from further infringements. Thank you in advance for your assistance.
Sincerely,
Björn Weiß
Dear Mr. Weiß,
Thank you for your inquiry regarding the trademark infringement that is causing you great concern. It is understandable that you are worried when your brand and logo are being used by a competitor on the internet without your permission. In such a situation, it is important to act quickly to protect your rights as a trademark owner and limit the damage.
First of all, it is important to clarify whether there is indeed a trademark infringement. For this, your brand and logo must be protected and the competitor must be using them without your consent. If your brand is registered, you as the owner have certain rights available to you in case of a violation.
The legal steps you can take in such a situation depend on various factors, such as the country where the infringement occurred, the type of infringement, and the damages involved. In Germany, for example, you can issue a cease and desist letter to the infringer to stop the trademark infringement. If the infringer does not respond to the cease and desist letter, you can also claim damages.
It is advisable to seek the advice of a specialized trademark lawyer in such a situation to comprehensively protect your rights. The lawyer can help you initiate the necessary legal steps to address the trademark infringement and claim damages. Additionally, they can support you in enforcing your rights in court if necessary.
It is important that you act quickly and do not hesitate when you identify a trademark infringement. The sooner you react, the better you can limit the damage and protect your brand from further violations.
I hope this information helps you and I am available to provide individual advice in your specific case. Please do not hesitate to contact me to discuss your situation in more detail.
Best regards,
Helma Krause
Trademark Lawyer
