Case study:
Unconventional trademark forms, protective briefs

Initial situation

Our client, a multinational Asian company, received a warning letter alleging infringement of an unconventional trademark form. Our client was concerned that a provisional injunction would be issued, and that this would prevent them from presenting their latest products at the most important trade fair in this field in Germany. To try to avoid the issuance of such a provisional injunction, at least for the duration of the trade fair, we recommended the filing of protective briefs. This usually results in the seized court scheduling a hearing and prevents provisional injunctions being issued at short notice.

Action taken

HOFFMANN EITLE was able to quickly assemble a team of experienced trademark attorneys and patent attorneys, all of whom also had particular expertise in the field of unconventional trademark forms. The team also included one of our attorneys from our client’s home country. Correspondence with our client therefore went smoothly, and the protective briefs were filed within a very short period of time.

Outcome

A provisional injunction was not issued. The parties entered into negotiations and our client was able to present and offer their products on the German market for a longer period of time without any problems.