Effectively deal with warnings from Nobilis Group GmbH and the law firm Lubberger Lehment

Recently, I received another cease and desist letter from Nobilis Group GmbH, represented by the law firm Lubberger Lehment. This cease and desist letter concerns the sale of fragrance samples and sample bottles of perfumes. In this article, I would like to provide a legal assessment of this issue.

The cease and desist letters from Nobilis Group GmbH relate to alleged violations of competition and copyright law. Specifically, the complaint alleges that the fragrance samples and sample bottles offered are sold in proprietary containers that do not comply with the Cosmetics Regulation. Furthermore, the retailers are accused of using original product images without the permission of Nobilis Group GmbH, even though the company holds exclusive rights to these images.

Nobilis Group GmbH complains that the fragrance samples and sample bottles offered are inadequately labeled, often missing important information such as the name and company address of the responsible person, batch numbers, and nominal contents. Such deficiencies constitute violations of the Cosmetics Regulation and can result in legal consequences. Furthermore, the distributor's claim to be acting with the consent of the original manufacturer is incorrect, which is also relevant under competition law.

In the area of copyright law, the recipients of the warning letters are accused of using original product images without the permission of Nobilis Group GmbH. These images are protected by exclusive usage rights, which is why their unauthorized use constitutes a copyright infringement and can result in serious legal consequences.

The sale of sample bottles and fragrance samples is legally complex. The use of product images without permission always constitutes a copyright infringement, and inadequate labeling can lead to competition law issues. Both aspects can be subject to warnings from Nobilis Group GmbH and its lawyers. The warnings are therefore likely justified.

Additionally, trademark law aspects may be relevant, especially if products are no longer offered in their original packaging. Although this is not currently part of the cease-and-desist letters, it should still be considered.

The warning letter includes a request for a cease-and-desist declaration, information about the distribution, and payment of damages. Furthermore, legal fees based on the value of the matter are demanded.

If you have received a warning from Nobilis Group GmbH, you should consider the following steps:

• Stay calm and respect the deadlines.
• Avoid direct contact with the other party and do not make any payments.
• Do not sign a pre-written cease and desist letter without having it legally reviewed.
• Consult an attorney to discuss your legal options.

It's crucial not to make hasty decisions and to seek legal advice in a timely manner. Pre-written cease-and-desist letters often contain far-reaching obligations that can be detrimental without thorough review.