What legal steps can I take against someone who plagiarizes my brand?
June 11, 2022 | 50,00 EUR | answered by Helma Krause
Dear lawyer,
My name is Renate Neumann and I have been running a successful business for several years, producing and distributing high-quality natural cosmetic products under my brand "Neumann's Naturkosmetik". My brand name is very important to me as it represents quality, naturalness, and trust.
Recently, I have discovered that a competitor has copied my brand and is releasing similar products under a nearly identical name. This plagiarist is clearly trying to benefit from my good reputation and recognition by using my brand without permission.
I am concerned about the reputation of my brand and my sales, as customers may confuse the plagiarist's products with mine. I feel that my rights as a brand owner are being violated and I want to take action against this unfair practice.
Therefore, my question to you is: What legal actions can I take against the plagiarist of my brand? Are there ways to force the plagiarist to cease and desist and potentially claim damages? I want to protect my brand and my business to the best of my ability and take action against trademark infringements.
Thank you in advance for your help and advice.
Sincerely,
Renate Neumann
Dear Mrs. Neumann,
Thank you for your inquiry regarding the trademark infringement by your competitor. It is understandable that you are concerned that your good reputation and brand recognition could be affected by the unauthorized copying of your brand. As a trademark attorney, I can help you take appropriate legal action against the plagiarist.
First and foremost, it is important to determine if your brand is legally protected. If you have properly registered and filed your brand "Neumann's Naturkosmetik", as the owner, you have certain rights that provide you with protection against trademark infringements. If your brand is not registered, I strongly advise you to do so immediately. A trademark registration gives you a strong legal foundation for the protection of your brand.
To take action against the plagiarist, various legal steps can be taken. First, you should formally request the plagiarist to immediately cease the use of your brand and provide a legally binding cease and desist declaration. If the plagiarist does not comply with this request, you can apply for an injunction at the competent court to force the plagiarist to cease.
Furthermore, you can claim damages if you have suffered financial loss due to the trademark infringement. This may occur, for example, if customers switch to you due to the confusion with the plagiarist's products, or if your image and sales are negatively affected by the infringement of your brand.
In such a case, it is advisable to consult an experienced trademark attorney who can competently advise and represent you in this complex legal area. I am available to assist you in developing the best strategy for protecting your brand and taking action against the plagiarist.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Best regards,
Helma Krause
Trademark Attorney
