Warnings from AUDI AG and Kessler IP & Legal Expertise due to trademark infringement.

We are currently served with two detailed trademark warnings from AUDI AG, dated April 10, 2024.

The warnings we have received complain about, on the one hand, the sale of valve covers bearing the AUDI logo and, on the other hand, the sale of wheel covers bearing the protected trademark of AUDI AG.

On the one hand, submission of a detailed cease-and-desist declaration that is subject to penalties is required. In addition, legal costs will be charged, each based on the value of the goods of €200,000.00. In this case, the legal fees required are €3,456.59.

In addition, detailed information claims are verified, which are used to prepare a possible claim for damages.

How should you handle such a warning?

First of all, it must be determined whether the alleged trademark infringement constitutes trademark infringement. If so, great care should be taken to ensure that the deadline is observed. As a rule, it is advisable to submit a revised cease and desist declaration with a penalty clause to deal with the high cost risk inherent in such warnings. If mistakes are made when submitting a cease and desist declaration that can be punished, legal proceedings with a product value of €200,000.00 will result in the risk of costs in the first court case of €19,013.66.

So testing is not really useful at this stage. As a rule, we then remove the amended corresponding declarations from our customers and take over all communications with the third party.

Requests for information must also be fulfilled properly to recover losses. As a rule, comparative solutions can be found by the other party. We can look back on great experiences in recent years.

If you have also received a matching warning letter, we are available to assist you nationwide. Mr. Jan B. Heidicker is a lawyer specializing in intellectual property protection, which also includes trademark law. We represent you in trademark cases every day and are therefore the right people to contact. We are particularly aware of the other side.

Please send us your warning letter without obligation. Our initial assessment is free and non-binding. To do so, call us. If you send us your warning letter to ra@kanzlei-heidicker.de, we will usually call you the same day.