Webshop uses our products without permission

Questioner

We represent the brand A. in the Benelux. Since September 2023 we have the exclusive right to sell A. in the Netherlands, Belgium and Luxembourg. We regularly receive complaints from customers who have ordered an A. stove from a website. They have paid, but then the stove is never delivered. These people are therefore being scammed for thousands of euros by this website. The homepage of the website incorrectly states that they are an 'authorized A. dealer'. This is not true and causes confusion among our customers. The factory of A. sent the website an email and explicitly stated that it is forbidden to offer A. products in the Benelux and that they must stop this immediately, is the attached email. The website did not comply and continues to offer the A. products. If you search on Google for reviews about the website you will find many reviews from victims who have ordered products from the website, but that they never deliver. We also regularly receive complaints about the website, which I cannot add to this email for privacy reasons. How can we solve this?

Lawyer

I am sorry to hear about the issues you are experiencing. Your first step could be to send a legal letter (a so-called demand letter) to the webshop formally notifying them of the trademark infringement and demanding them to immediately stop using your trademark. If the party is located outside the Netherlands, you can also ask for the assistance of a local lawyer in the country of the other party. Another aspect is that the website gives misleading information by claiming that they are an authorized dealer of your products. This activity could also be considered illegal. In some cases, it may be necessary to take legal action. This can be done, for example, through summary proceedings, where you ask the judge for an interim decision. In this case, such a decision could be to order the website to stop using your brand and posing as an authorized dealer. You may also want to file a lawsuit to find a permanent solution, such as compensation for the damages suffered. It is important to realize that these are general recommendations, as each case is unique. Therefore, I recommend that you contact a specialized lawyer or legal expert to discuss your specific situation. Please note: This is only an orientation advice and for further and accurate legal consultation it is recommended to seek professional legal assistance. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.