Posted by K.S. Bradt on February 06, 2003 at 22:58:57:
Dear Sir or Madam,
Based on recent events, we would like to inform you with respect to a highly volatile topic.
In the past year, there have been increased cases of ceramic products to be newly launched on the market being given trade names which have already been in use for many years to designate natural stones already well-established on the market.
This has resulted in a great deal of confusion among end consumers in particular, leading to the question: Is this practice permissable?
After researching this topic, our publisher, Klaus Boerner, and Michael Griese, attorney-at-law, have reached a surprising conclusion:
Legal rulings in the Federal Republic of Germany readily allow action to be taken against such practices, not only against the manufacturers, who are usually headquartered abroad, but also against the distributors of the products objected to in Germany. The scope of measures extends from interim restraining orders to the possibility of seizure.
However, the statutory periods of limitation must be observed, which in the least favorable case amounts to only 6 months!
Thus immediate action must be taken!
Legal precedent in other countries is also likely to allow for taking similar action against such practices.
You may view the full report on the Internet at:
Kind regards from Abraxas Verlag
K. S. Bradt, Senior Management
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