Warnings from Louis Vuitton

The Hamburg law firm CBH is sending trademark warnings on behalf of Louis Vuitton Malletier SAS. If you have received such a warning from Louis Vuitton or LV, we are here to help you avoid potentially major consequences.

Warning from Louis Vuitton: It is not fraud, but it can be costly

Many affected individuals believe that Louis Vuitton's trademark warnings could be scams. However, this is not the case. To date, no warning from CBH's lawyers has been unfounded or even fraudulent.

However, with the right legal support and a well-thought-out approach, you can avoid major disadvantages.

What is it about?

As a rule, those affected are accused of having infringed trademark, design or competition law.

Louis Vuitton is a renowned luxury brand that sells products such as handbags, wallets, belts, and more. A well-known feature of many products is the monogram pattern with the initials "LV." Many of these designs are copied, and this often leads to warnings regarding the distribution of imitations or counterfeits.

In the warning letter, Louis Vuitton demands the signing of a cease-and-desist declaration, which is often accompanied by a corresponding form. It also demands payment of the costs incurred by the law firm CBH Rechtsanwälte and compensation for damages, possibly even the destruction of counterfeit items.

The recipients of these cease-and-desist letters are usually retailers, online sellers on platforms such as eBay or Etsy, boutiques, and sellers at flea markets. They are accused of infringing the trademark rights to the "LV" symbols or the name "Louis Vuitton," often through the sale of bags, wallets, or clothing items such as scarves.

Important: Only commercial sellers can commit trademark infringement. Private sellers are exempt. However, whether an activity is classified as private or business often depends on the case. Nevertheless, private sellers are also being warned by Louis Vuitton and the law firm CBH.

However, dealers can sell genuine goods if they have acquired them legally. However, caution should be exercised with so-called gray or parallel imports, for example, from Asia. Such imports are not legal.

It is advisable to review each warning letter thoroughly before responding to it.

One of Louis Vuitton's primary concerns is to identify the origin of counterfeit, plagiarized, or illegal imports. This particularly involves proving whether products were imported into the EU or the European Economic Area with Louis Vuitton's consent.

At the heart of many cease-and-desist letters are products (such as handbags, wallets, scarves, etc.) that do not feature the original Louis Vuitton logo but are nevertheless very similar to the original. Trademark lawyers refer to this as a likelihood of confusion.

As a result, Louis Vuitton, the trademark owner, has various claims against the alleged infringers. In particular, the reimbursement of legal fees can be painful, often based on a value in dispute of EUR 150,000–500,000.

The value in dispute is based on the value of the disputed item. For luxury brands, this value is correspondingly high. The value in dispute determines costs, such as legal fees and potential court costs.

Demands such as injunctive relief, disclosure, damages, and legal fees are then demanded from the alleged trademark infringer. However, it should be reviewed whether the amounts demanded are reasonable. Factors such as the economic interest, brand value, and the severity of the infringement play a role here.

Trademark infringement: Do I have to pay and sign a cease and desist letter?

You are only obligated to pay and sign a cease-and-desist letter if there is actual legal or trademark infringement. Have this investigated and seek legal advice.

Caution: Signing the enclosed cease-and-desist declaration without checking it can be costly, especially if contractual penalties are later imposed. This declaration can create long-term obligations.

Important questions are:

• Is there a trademark infringement?
• Was there any commercial activity?
• Are there exceptions that exclude trademark infringement?
• Was the trademark used accordingly?
• These questions can clarify whether claims are justified.

Is it enough to delete my offer?

A resounding no! Louis Vuitton wants to ensure that no more trademark infringements occur in the future. A simple cancellation is not enough. A cease-and-desist letter with a penalty clause is required to prevent future infringements. The wording of the cease-and-desist letter is crucial. Do not attempt to rewrite it yourself—this can have costly consequences.