So, someone is interfering with your trademark. What options does the German law offer to you as a trademark proprietor? Here are the most important ones:
- Infringer is enjoined to refrain from infringing actions,
Sec. 14 (5) and Sec. 15 (4) Trademark Act.
- Compensation, in the case of negligent or intentional infringement,
Sec. 14 (6) and Sec. 15 (5) Trademark Act. Compensation comprises either of actual damages (as to Sec. 249 ff. Civil Code) or adequate licencing fees or release of relevant profits.
- Destruction and recall of infringing goods and destruction of equipment predominantly used for unlawfully labelling infringed goods, if considered reasonable, Sec. 18 Trademark Act.
- Disclosure, Sec. 19 Trademark Act. This is predominantly a claim for information like manufacturers, distributors and related details.
According to Sec. 2 Trademark Act, one is not limited to the options granted by the Trademark Act itself. This means, depending on the individual characteristics of a case, claims may also be based on the Civil Code (esp. Sec. 12, 812 and 823 Civil Code) and Act Against Unfair Competition, UWG (esp. Sec. 8,9 and 10).
May 13, 2009 No Comments