Have you received a warning letter? Or are you the victim of a customs seizure or restraining order?
Warning letters, restraining orders and customs seizures are usual methods IP right holders use to stop infringers from violating their patents, trademarks & designs. For example, such an infringement can happen if you illegally use a (part of a) registered brand or if you offer products at fairs which are already protected with a patent or utility model in Europe. The situation is especially hazardous if you plan to sell such products on the European market.
But even considering the many steps IP rights holders can take, you as a potential infringer should exploit all possibilities to protect yourself against unfair or even unlawful actions. The best way is to work closely with a specialized attorney on your individual problem.
Have you received a warning letter? Or has a restraining order been issued against you?
Infringements of patents or brands can result in serious damages for the rights holder’s reputation and revenue. Of course he or she will want to protect his company and stop any infringements.
- A warning letter is the very first step to confront the potential infringer
- A restraining order might follow if you don’t react to the warning letter in the way the rights holder has intended, i.e. by signing a cease-and-desist declaration
In any case, take warnings and injunctions seriously! To ignore these can become very costly and further worsen the situation. Nonetheless you shouldn’t react to hasty, e.g. by revealing too much information at the wrong moment – These information might later be used against you.