As a specialist lawyer for intellectual property rights, I advise you on trademark law, design law, copyright law, and competition law. Competition is good – but it must be fair.
My focus is on the processing of trademark applications, warnings under competition law, legal protection of online shops and legal advice for online retailers.
Particularly in Internet trade, many market participants often behave unfairly. Warnings are usually the means of choice for legal enforcement.
As the operator of an internet shop, you have received a warning notice or would like to issue a warning? With my many years of experience, I am the right lawyer for you!
I started working as a lawyer in 2006 and have been advising clients in competition and trademark law for more than 10 years.
Since June 2015 I have been a specialist attorney for industrial property rights and since May 2013 a partner in the firm of HELMKE Attorneys at Law and Tax Advisors and Patent Attorneys.
I studied law in Hamburg, Madrid, and Wellington (New Zealand) and hold a Master of Laws (LL.M.).
We take care of your trademark application – nationally and internationally.
I am particularly qualified as a specialist lawyer: in order to acquire the title, a lawyer must have worked for several years and have worked in a large number of cases. To obtain the title, he is obliged to regularly take part in further training.
In commercial legal protection, things sometimes have to go very quickly: deadlines must be met and rights must be secured quickly. I therefore give advice appointments within 24 hours.
A legal dispute is unsafe. Important information sometimes has to be exchanged quickly. I have organized my law firm so that I can always be reached by phone. For this I provide an e-office.
I don’t leave my clients in the “legal darkness”. I explain the legal situation and the legal steps so that non-lawyers can fully understand the legal situation.
I am a member of the German Association for the Protection of Intellectual Property and Copyright (GRUR). This is the largest and oldest association in Germany that deals with questions of industrial property protection and copyright.
I use digital filing. This way of working is client-friendly and efficient. Data security is my top priority.
My office is very easy to reach. It is located in the center of Hamburg, direct by the town hall.
I speak English and Spanish fluently so that I can offer legal advice in these languages.
I am billing absolutely transparently. I inform my clients about the expected budget when I take on the mandate. My billing is done on an hourly basis or as a lump sum. Statutory fees apply to judicial proceedings. Learn more.
Informationspflicht gem. § 5b Abs. 3 UWG:
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Über die plattforminterne Prüfung hinaus (hier abrufbar) versichern wir, dass wir im Falle eines Verdachts auf „unechte“ Bewertungen – konkret: insbesondere Bewertungen, denen kein Kontakt der bewertenden Person mit unserer anwaltlichen Dienstleistung zugrunde liegt – unverzüglich auf eine Prüfung bzw. Löschung der jeweiligen Bewertung durch den Plattformbetreiber hinwirken werden.
A warning letter is an informal letter in which the infringer is informed of his anti-competitive behavior. At the same time, he is requested to stop the conduct complained of and not to repeat it. In addition, he is to issue a cease-and-desist declaration within a short period of time, including a promise of contractual penalty.
He receives a threat that legal action will be taken after the deadline. In addition, he is ordered to pay the costs incurred by the warning to the warning officer.
A warning notice is an effective means of enforcing claims for injunctive relief in particular. This applies to both trademark law and competition law:
For example, trademark owners want to stop the trade with plagiarisms or prevent the sale of original branded products without authorization of the trademark owner.
Online retailers do not want a trader to disregard their legal obligations and gain a competitive advantage.
Consumer protection associations expect that consumers are not disadvantaged and not harmed.
Have you received a warning notice under competition law? Then click here for further information.
Anyone who exchanges film and music files or pictures illegally on the Internet must also expect a warning. However, it must always be checked individually whether a copyright infringement has actually occurred – and if so, by whom. This is because the owner of the Internet connection is not automatically responsible for copyright infringement and parents are not always necessarily liable for their underage children.
The law firm Waldorf Frommer sends out warning letters in large quantities to Internet users accusing them of copyright violations on file-sharing platforms. It represents well-known names in the music and film industry, including:
You should behave here in exactly the same way as recommended by me in the event of a warning. Do not be intimidated and take the time to see a lawyer.
A brand stands for the uniqueness of your company. It shapes the image and has a recognition value.
So the person who comes up with the idea should be the only one who is allowed to use his trademark in the course of business – of course without violating the rights of others.
I support you in the legally compliant trademark application by, among other things:
Need help with trademark application?
Internet retailers must build their online store carefully.
Competitors, consumer protection associations and competition clubs are keeping a watchful eye on the compliance of businesses with the legal requirements – and there are some.
So that you are not threatened with a warning, I check whether your online shop contains all the necessary information. I create legally compliant:
Unpaid invoices from customers often endanger your own liquidity.
I will help you to minimize your outstanding accounts.
To this end, I take over the entire receivables management for you and also check whether a dunning procedure or even a lawsuit is appropriate.
If a legal dispute arises in a competition or copyright dispute, I will accompany you during the entire process.
I know the peculiarities of different courts and the strategies of opposing parties.
Then call us now at 040 3501 6360 or write an email to info@kanzlei-bennek.de.
When a lawyer speaks of competition law, he means the so-called fairness law. This has its roots in the law against unfair competition (UWG). In addition, there are a large number of subsidiary areas such as food law, Telemedia law, the price indication regulation or design law.
Competition law serves to protect competitors but also consumers and other market participants. It distinguishes between permissible (fair) and inadmissible (unfair) actions, i.e. those which promote or prohibit fair competition.
In this context, competition law requires above all that competitors and consumers mutually control compliance with these provisions and, if necessary, prosecute infringements. Legal tools of the trade are mainly warnings and interim injunctions, but also (injunction) actions.
As a specialist attorney for industrial property rights, I can assist you with my experience in all questions of competition law. My activities include the following fields of activity:
Anyone who has ever received a warning notice is usually unsettled. Often a look into the law or into the internet does not really help. In addition, there seems to be a whole industry of mass warning notices with the aim of prosecuting minor infringements and generating warning costs.
I check the legitimacy of the warning and design the appropriate defense strategy with you.
Is your competitor gaining an anticompetitive advantage? Now it is up to you to become active. The legislator has deliberately placed the prosecution of competition violations in the hands of the respective competitors, trade associations or consumer centers.
These are closer to the competition than the authorities or courts can be. Together with you, I will draw up a strategy for fair competition, draft a warning notice or apply for an injunction on your behalf.
Especially in highly competitive areas, an advertising measure should not only make sense from a marketing point of view, but also be legally secure. Nothing is more annoying than investing money, time and creativity in a measure and then receiving a warning because of it. My suggestion: Include a specialist lawyer for industrial property rights in your planning in good time.
I will create a risk profile for you, on the basis of which you can consciously decide for or against the specific advertisement. In this way, expensive warnings can be avoided.
Cancellation policy, general terms, and conditions, imprint. With an Internet presence, there are many legal regulations to consider. All these formalities offer a target for potential warning letters. Here, too, you should seek advice in good time.
If even a warning notice is prevented by a legally compliant appearance, the consulting costs have already been amortized.
As a rule, disputes under competition law can be settled out of court by means of warnings or by issuing a declaration of discontinuance. If not, a preliminary injunction is usually the means of choice. Here I represent your interests nationwide. Regardless of whether you are sued by your competitor for injunctive relief or damages or intend to take legal action yourself.
Based on my experience, I can usually answer your competition law questions quickly and straightforwardly. Once the facts of the case have been clarified, I will work with you to develop a suitable attack or defence strategy or we will jointly design your advertisement.
So if you have received a warning, are considering placing an advertisement or if you are upset about the misconduct of your competitors, please call me for an initial assessment by telephone.
It goes without saying that I will point out possible risks to you before each mandate and explain possible procedural and legal costs. By agreeing on a written fee agreement you always have full cost control.
Do you also need advice from a competition law attorney?
Then call 040 3501 6361 or send an e-mail to info@kanzlei-bennek.de
Lawyer Marco Bennek
c/o Elbkanzlei
Bleichenbrücke 11
20354 Hamburg
Phone: 040 3501 6360
Fax: 040 3501 6361
E-Mail: info@kanzlei-bennek.de
Web: www.kanzlei-bennek.de
Opening hours:
Monday to Thursday
09:00 - 18:00
Friday
09:00 - 16:00
Approach:
Parking: Parkhaus Europa-Passage
S-Bahn stop: “Jungfernstieg”
Underground stations: “Rathaus
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