I was given a warning from the Vorwerk Group, in particular Vorwerk International AG and Vorwerk Deutschland Stiftung & Co. KG, via the Hogan Lovells law firm. If you have also received such a warning, I would be happy to advise you.
Regarding the warning before me:
In the warning I have received, I am accused of infringing the rights to the trademarks “THERMOMIX” and “Cookidoo”. With reference to the offer of the admonished, it is requested that the admonished immediately cease his illegal behavior, submit a cease and desist declaration, provide information, acknowledge his obligation to pay damages and pay legal fees.
In addition to the cease and desist obligations, the attached pre-formulated declaration also provides for a contractual penalty regulation with a fixed contractual penalty of 5,100.00 euros.
My assessment:
You should take a warning under trademark law seriously, as an incorrect reaction threatens expensive extensions. If the accusation of infringement of trademark rights takes hold, there are far-reaching follow-up claims in addition to the injunction claim. In the following article I have put together for you what you should pay attention to in this regard:
https://www.anwalt.de/rechtstipps/markenrechtliche-abmahnung-erhalten-was-sie-zu-den-folgeanspruechen-wissen-sollten-192404.html
My recommendations:
- First, clarify the current deadlines! In this regard, please note that warning letters often set two deadlines (one deadline for submitting the declaration of cease and desist and another somewhat longer deadline for providing information and paying legal fees).
- Under no circumstances should you prematurely sign the pre-formulated cease and desist declaration without legal advice.
- Also, do not make any payment without prior consultation.
- First, seek legal advice.
About me and my work:
As a specialist lawyer for IT law at Internetrecht-Rostock.de, I constantly advise warned people like you and therefore have experience from a large number of trademark warning proceedings.
Further information about my work can be found in my legal tips and my rating profile.
I will advise you nationwide by telephone at short notice.
Did you also receive a warning?
If you have also received a warning from the Vorwerk Group via the law firm Hogan Lovells and would like to get an overview of the most important questions and answers on the subject of warnings, you will find the relevant information here:
https://www.anwalt.de/rechtstipps/checkliste-abmahnung-erhalten-was-tun_184401.html
Would you like an offer for specific advice on the warning you have received?
- Just give me a call.
- Send me an email.
- Or send me a message using the “Send message” function.
Andreas Kempcke
Lawyer
Specialist lawyer for IT law
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