What are the legal consequences of trademark infringement?
April 29, 2022 | 50,00 EUR | answered by Carsten Schlüter
Dear lawyer,
My name is Norbert Otremka and I have been running a small online shop for handmade fashion accessories for several years. I recently discovered that a competitor is selling a product in their shop that looks very similar to mine and even carries the same logo. Upon further research, I found out that this logo is legally protected and belongs to my competitor.
I am very concerned about the potential legal consequences of this trademark infringement. I wonder if my competitor could take legal action against me and what steps they could take in this case. I do not want to get into legal trouble, but I do not know how to handle this situation.
Could you please explain to me what legal consequences a trademark infringement can have and what options I have to protect myself from my competitor's legal actions? Is there a way to resolve this situation without going to court? I would greatly appreciate your help and advice on this matter.
Sincerely,
Norbert Otremka
Dear Mr. Otremka,
Thank you for your inquiry regarding a potential trademark infringement in your online shop. As a trademark attorney, I can understand your concerns and will do my best to assist you in resolving this issue.
Trademark infringement can have serious legal consequences, especially if the logo is legally protected and belongs to your competitor. In such a case, your competitor could take legal action against you and demand damages and a cease-and-desist order. Temporary injunction or even seizure of the products involved are possible measures your competitor could take.
To protect yourself from legal actions by your competitor, it is important that you act quickly and take the situation seriously. First, you should contact your competitor and clarify the situation. Perhaps they were not aware that they used your logo or are willing to find an out-of-court solution. In this case, you could negotiate a cease-and-desist declaration and ensure that your logo is not used further.
However, if your competitor is uncooperative or initiates legal action, it is advisable to consult a trademark attorney. An experienced attorney can help you defend your rights, plan legal actions, and develop a strategy to effectively combat the trademark infringement.
It is important to emphasize that an out-of-court solution is always preferable, as court proceedings can be time-consuming, costly, and unpredictable. Negotiations and compromises can often resolve conflicts faster and more efficiently.
In conclusion, I advise you to take action and not take the matter lightly. With the right legal advice and support, you can avoid potential legal consequences and successfully defend your trademark rights.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Carsten Schlüter
Trademark Attorney
