Again we have one Warning from Miele GmbH & Cie.issued by BRANDI’s attorneys and submitted for review. The warning for Miele GmbH & Cie. often including trademarks and copyrights.
In the area of trademark law, action is often taken against companies that use the Miele brand without permission or infringe their trademark rights in other ways. Such violations may occur, among other things, through unauthorized advertising or the use of similar trademarks, which may cause confusion among consumers. There are trouble spots in the area of the accessories and spare parts industry.
In addition, there are also copyright warnings that relate to the protection of creative works, such as product designs or advertising materials. Miele is known for setting high standards in the design and presentation of its products and fiercely protecting these rights.
BRANDI lawyers are active in this context to represent Miele’s interests and ensure compliance with the legal framework. The impact of these warnings can be significant, as they can lead not only to injunctive relief but also to claims for damages. The first thing that catches the eye (only) is the very high level of controversy. It is often overlooked that the cease-and-desist declarations may have consequences that threaten the existence of the company, as well as further claims for damages, which can be calculated once that the information is provided.
We therefore strongly recommend that you consult an experienced lawyer at this stage to avoid dire consequences.
Our advice
Warnings in the areas of trademark law, copyright and competition law should generally be heeded – especially because of the high value of the article and the risk of consequences if a cease and desist declaration is relied upon to punishment
It is important to ascertain in each individual case whether there has been an actual violation of property rights.
If the allegation is true, you should not sign the pre-made stop and frisk declaration without checking it, as this declaration amounts to an abstract admission of guilt and is often it is clearly too broad. It remains to be determined whether only an amended declaration can be made.
The fees claimed can also be reduced in special circumstances with good legal arguments.
Therefore, a case-by-case assessment must always be made!
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she is Sebastian Günnewig
Lawyer and data protection officer (TÜV)
Stand: 15.10.2024
2024-10-15 18:25:00
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