Another warning from Mary Kay Cosmetics GmbH via Harmsen Utescher was presented to me for review. If you have also received a warning, I would be happy to advise you.
On the action of Mary Kay Cosmetics GmbH against trademark infringements:
Mary Kay Cosmetics GmbH takes action against violations of the “MARY KAY” brands. I had therefore already reported on a corresponding case here in the past:
https://www.anwalt.de/rechtstipps/auch-eine-abmahnung-der-mary-kay-cosmetics-gmbh-ueber-die-kanzlei-harmsen-utescher-erhalten_154354.html
Regarding the further warning given here:
The other warning I have been given concerns the allegation of the offer of cosmetic products with an expired best-before date. Specifically, it is criticized that in the mentioned ebay offer for the two products a reference to the expired best before date is completely missing or is not included in the required particular clarity. This is an unfair deception.
Regarding the demands in the present warning:
The warned person should stop the sale of expired “Mary Kay” products, submit a declaration of cease and desist, provide information and reimburse the costs for the warning after an object value of EUR 20,000.00 (EUR 1,295.43).
My assessment:
The warning I have received raises questions under various aspects. These questions relate, among other things, to the formalities of the warning and the scope of the claims made.
My recommendations:
- 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 warning procedures.
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. As part of my advice, I will discuss with you the legal situation and the various alternative courses of action with their respective advantages and disadvantages. Of course, you will also receive specific recommendations from me for how to proceed.
Did you also receive a warning?
If you have also received a warning from Mary Kay Cosmetics GmbH via Harmsen Utescher 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? Then you can easily get in touch with me using the contact details provided:
- 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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