How can I legally proceed against the unauthorized use of the club logo?
January 11, 2024 | 40,00 EUR | answered by Emilia Vöss
Dear Lawyer,
I am the chairman of the association "Sportverein Ackermann e.V." and recently discovered that our association logo is being used by another organization without our permission. This organization has printed the logo on their website, as well as on flyers and posters, without asking for our consent.
The "Sportverein Ackermann e.V." had the logo designed by a designer a few years ago and it is our intellectual property. We use the logo for our official documents, jerseys, promotional materials, and other association activities. The unauthorized use by another organization therefore constitutes a violation of our rights, and I am concerned about the reputation and identity of our association.
I would like to take legal action against the unauthorized use of our logo to ensure that our rights are protected and that the other organization cannot continue to use the logo. What legal steps are available to me to address the unauthorized use of the association logo? Are there ways to obtain a cease and desist declaration or claim damages?
I thank you in advance for your support and advice on this matter.
Sincerely,
Felix Ackermann
Dear Mr. Ackermann,
Thank you for your inquiry regarding the unauthorized use of the logo of your club "Sportverein Ackermann e.V." by another organization. It is understandable that you are concerned about the reputation and identity of your club and are considering legal action to protect your rights.
First of all, it is important to know that the logo you are using is protected as intellectual property. As the owner of the intellectual property, you have the right to decide who can use the logo and under what conditions. The unauthorized use by another organization therefore constitutes a violation of your rights.
In such a case, you have various legal options to address the unauthorized use of the logo. One option would be to send a cease and desist letter to the other organization, demanding that they immediately stop using the logo and provide a declaration to cease. In this declaration, the other organization commits to no longer use the logo, otherwise legal consequences may follow.
Furthermore, you can also claim damages if you have suffered a financial loss due to the unauthorized use of the logo. This could be the case if the other organization has profited from the use of the logo or if the use of the logo has negatively portrayed your club.
It is advisable to seek legal assistance in such a case to effectively represent your interests. An experienced lawyer specializing in club law can advise you comprehensively and help you take the appropriate legal steps to address the unauthorized use of the logo and protect your rights.
I hope this information is helpful to you and I am available to further assist you if needed.
Best regards,
Emilia Vöss
