Patent, Trademark and Design infringement trials take place before the District Courts. During an infringement trial you can claim discontinuance, removal, information, inspection as well as compensation respectively.
The right to obtain information is important for the calculation of the amount of compensation and to prevent a further sale. The right to obtain information extends to quantity, nature, and amount of turnover, origin and distribution channels of the goods as well as the names and addresses of manufacturers, suppliers, previous owners, customers and ordering parties. In the case of a trademark infringement one must note that a claim to cease and desist can lapse if the proprietor of a trademark, while being aware of the use, tolerates this use of its trademark by a third party during a consecutive five years. Furthermore, the trademark proprietor can only demand compensation if the infringer was culpable, this means by intent or slight negligence.
Our services in connection with the enforcement of protection rights include:
- Development of a strategy for enforcing your interests
- Effective formulation of authorization inquiries, warning letters, Cease and Desist Declarations with penalty, license agreements
- Legal representation in infringement trials