The Infringer

Also Community trade mark may on the Internet under de are researched online which claims has the proprietor? Trade-mark law gives the holder an exclusive right. The trade mark in any form may be used without the consent of the rightholder. Therefore, it is about not allowed to register identical or similar domains or to use proof colors for their own advertising. Otherwise, the trade mark proprietor has these rights: omission of the infringer is obliged to refrain from the abuses in the future. They it would not be at fault. The infringer may not argue that he knew nothing of the foreign rights. Damages to the calculation, there are three alternatives.

A, the levy of the ver last er Prize: the rights holder may need to the payment of the entire prize, made by the infringer with the foreign trademark rights. “The second possibility is the license analogy: the infringer must pay one”, what he would have paid, if he is a would have acquired the proper license from the trademark owner. And dittens the calculation of the concrete damage had the trade mark proprietor by a loss of profits. Information of the infringer must provide information about the infringement and inform about where he has made advertising with foreign brand in what form and what scope the marketing campaign had. This must be proven by documents or also a sworn affidavit. Destruction of the infringer is also obliged to remedy the trademark infringement on his own expense. Examples: Destruction of flyers, deletion of a domain. Before companies plan I.e. the next direct mail campaign or want to reshape your Web page, make sure that no trademark rights are infringed through the use of images or logos.