Design Protection

Attorneys for Design Protection in Germany: Legal Representation in Design Law Matters

ZELLER & SEYFERT is a litigation law firm whose litigating attorneys are specialized in representing clients in design right matters before German courts and before the design right authorities in Germany and the EU – no matter if designs registered only with the German Patent and Trademark Office, EU Community designs or internationally registered designs with protective effects in Germany are at issue. Our attorneys are proficient in the enforcement, protection and defense of the design rights of our clients in all of these cases. Google

Head of the IP law department of our law firm dealing with design rights protection in Germany and the EU is Attorney Dr. Christian Seyfert, LL.M. (USA). Christian is a Certified IP Law Specialist and a Certified Copyright & Media Law Specialist. Christian has been protecting the design rights of his clients in Germany and the EU for many years. He is a trusted expert in the enforcement of design rights in Germany and the EU.

Attorneys for Design Protection in Germany: Legal Representation in Design Law Matters before German Courts

Responsible for the assessment of design right disputes in Germany are the general German courts (District Courts and Courts of Appeal). Responsible within the German District Courts are regularly the special chambers for the commercial matters. Our attorneys have represented companies in design right matters for many years before German courts. They will analyze your case and give your company advice on the legal situation in Germany and the EU.

Our attorneys will in particular enforce the following design right claims on behalf of your company before German courts:

  • Injunctive relief against the perpetuation of the unauthorized use of the designs of your company (unauthorized design use)
  • Requests for information from the infringer on the nature and extent of the unauthorized use of the designs of your company (right to information)
  • Claims for damages, in particular profits made ​​by the infringer of your designs and compensation according to the license analogy principle (damages)
  • Claims to destruct, recall or transfer the unlawfully manufactured or distributed products (destruction, recall or transfer of illegal products)
  • Request for the destruction of devices which were used primarily for the manufacture of the illegally manufactured products (destruction of manufacturing devices)
  • Claims against the infringer to submit his bank, financial or commercial documents (submission of documents)
  • Claim for the declaration of invalidity of a registered design right of your opponent, if the material conditions for the existence of the design right are not present (declaration of invalidity)
  • Claims for the cancellation of the registration of a design right of your opponent from the register because of the existence of priority rights to the benefit of your company (cancellation of a design right from the register)

Attorneys for Design Protection in Germany: Legal Representation before the ECJ in Luxembourg

The decisions of the Boards of Appeal for Community Design Matters at the Office for Harmonization in the Internal Market (OHIM) are amenable to actions before the European Court of Justice (ECJ) in Luxembourg. Our attorneys regularly represent companies in design law matters before the ECJ. Our lawyers will advise your company on the procedure before the ECJ and its chances of success in its case before the ECJ.

Attorneys for Design Protection in Germany: Legal Representation in Summary Proceedings (Speedy Trials)

In cases of particular urgency our attorneys will swiftly enforce the design rights of your company before the competent court in Germany. Particularly urgent is usually the seeking of injunctive relief against the perpetual infringement on the registered design rights of your company. Urgent is usually also the preliminary enforcement of certain cancellation claims, certain rights to information and to the submission of bank, financial or commercial documents for the later calculation of damages. Our attorneys will deal with the design law matters of your company promptly and seek injunctive relief to the benefit of your company before the competent German court.

Attorneys for Design Protection in Germany: Legal Representation before the Design Offices

Our attorneys will represent your company in particular also before the Design Offices in Germany and the EU. In Germany, the German Patent and Trademark Office (DPMA) is responsible for the registration of German design rights and certain disputes about registered designs. In the EU, the Office for Harmonization in the Internal Market (OHIM) is the responsible authority to deal with EU Community design right disputes.

Before the Design Offices, typically the following issues arise:

  • Issues during design registration proceedings with the DPMA or the OHIM
  • Cancellation proceedings concerning EU Community designs before the OHIM
  • Complaint proceedings concerning EU Community designs before the OHIM

Our attorneys will also represent your company in the context of disputes over internationally registered designs before the World Intellectual Property Organization (WIPO) in Geneva (Switzerland).

Attorneys for Design Protection in Germany: Cease and Desist Letters – Pre-Litigation Representation out of court

Owners of design rights usually have the burden – according to German law – to send the infringing party a cease and desist letter out of court in order to inform the infringing party about its design law violations and in order to seek a possible settlement between the parties. Rushing with a design law case to court without prior informing the infringing party about its design law violations may otherwise result in your company having to pay for the entire court fees and attorney fees of both sides, even if your company later wins the lawsuit.

Attorneys for Design Protection in Germany: Border Seizures by the Customs Authorities

Particularly successful design is often cheaply plagiarized by product pirates. These pirates then try to smuggle the counterfeited goods into the domestic market – to the detriment of the owners whose design has been plagiarized. Our attorneys will assist your company to intercept the counterfeited goods at the German border with the help of the German customs authorities and have the counterfeited goods destroyed right at the border. Our attorneys will initiate the appropriate border seizure proceeding on behalf of your company. Our attorneys will maneuver your company through the border seizure proceeding from the beginning of the procedure until its successful conclusion. For more information please see our further information at Border Seizures by the Customs Authorities.

Attorneys for Design Law in Germany: Defending Clients against Design Law Claims of others

If design law related claims have been put forward against your company in Germany, a quick response by a German attorney is regularly necessary. A quick response by a German attorney is in particular necessary, if your company has already received documents from a German court or such documents have been served to you otherwise. Litigation in Germany in design law matters is our attorneys’ forte. Please just contact us for a quick evaluation about your case.

Your Contact Person in Design Law Matters

Do you still have questions concerning design law matters? Your contact person with ZELLER & SEYFERT concerning issues related to design rights, design rights protection and design rights litigation is Attorney at Law Dr. Christian Seyfert, LL.M. (USA). Christian is a Certified IP Law Specialist and a Certified Copyright & Media Law Specialist. He is the head of the IP law department with ZELLER & SEYFERT. Please just contact Christian by e-mail (seyfert@zellerseyfert.com) or by phone (+49 (0)69-58 80 972-40).

 

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