Prosecution of managers – marketplace counterfeits
Sellers offer counterfeits on your employer’s platform. As a manager of this platform, can you be prosecuted for brand violation?
Punishable import of branded goods from China – luxury watches
Are products bearing your brand being sold on the market without your knowledge as to their origin? Consider whether there might be criminal liability for the unauthorised import of branded goods; if unsure, seek specialist advice.
Punishable import – counterfeits with camouflage label
Is the import of counterfeit Hugo Boss shirts from Turkey still illegal if the Hugo Boss trade mark is camouflaged by a label bearing the name Mio Calvino on importation?
Prosecution for brand violation despite legal advice
You’ve spotted a new sales opportunity for your company. However, in Germany trade mark rights pose an obstacle and so you approach your lawyer for advice on your intended solution. Does this course of action relieve you of your legal obligations, meaning that you can avoid prosecution for trade mark infringement? It is not that simple.
Prosecution of managers – brand violation by employees
You are a managing director in Germany and are provided with information about a business set up by one of your departments. You assume your management responsibility in relation to the project. Could you become liable to prosecution, should the business be used to commit trade mark infringement? The following copyright case is an example of the legal situation in German trade mark law.