Legal Assistance with Copyright and Trademark Law

Questioner

Hello, I sell posters of animation, landscape, music of everything. But I shop at a foreign website. I sell my posters via Facebook and via Marktplaats private individuals. I now received an email from a company stating that I am liable to prosecution and that this is not allowed at all. Maybe that company says that because they sell the same thing as me. I want to know what my rights are.

Lawyer

Perhaps the photos you use are not copyright-free and the copyright holder is now claiming damages?

Questioner

No, what the company says is: You are indeed not allowed to simply import and sell anything from China, especially not if it concerns products of a certain brand. You have not received permission from the manufacturer and us to do this do.We have registered this brand in collaboration with the manufacturer in Europe. But it doesn't match with brand because that site where I buy it, there are 100 suppliers all selling the same poster and stickers, and most of them make the stickers themselves and have no brand. My question is, is it allowed to buy posters and stickers from China? And to sell it via marketplace and facebook? I have nothing in stock only on order I order a poster or sticker again a few times.

Lawyer

The other party is appealing to trademark law. Whether there is a deposit, you should be able to request it from the Benelux Trademark Office, which enables registration of a European trademark. For the time being, what the other party states is insufficient, he must also be able to prove it. https://register.boip.int/bmbonline/intro/show.do

Lawyer

If you import products of a certain brand, you may be infringing the trademark rights of the manufacturer of this product. It is not clear to me whether the products you are selling have a trademark and whether the party you are writing to is the owner of this trademark. Only the owner of the trademark that is being infringed can rely on his trademark rights.

Lawyer

Ir/Madam, The company that sent you an email claims that you are infringing its intellectual property rights (such as copyright or trademark law). This is indeed punishable in the Netherlands (although minor infringements almost never lead to prosecution). The question is: are you actually infringing these rights? The company has probably sent you a letter clearly stating which brand is involved and which posters are involved. If that is not the case, you should send the company a letter requesting this information. Suppose that the posters you imported actually contain elements that are protected by the company's intellectual property rights, then in principle you are not allowed to sell them in the Netherlands. Let me give you an example. I import a poster from China depicting Beyonce holding a bottle of perfume from the brand "WATERFRIS". This is not a problem in itself. But if I were to sell this poster via Marktplaats or in some other way, it would become a problem. The trademark owner of the brand 'WATERFRIS' can now send me a letter stating that I must immediately stop selling it. I really have to stop, my behavior is unlawful and also punishable. I find it highly unlikely that all of your posters infringe on the intellectual property rights of the company from which you received the letter. You can ask the company which posters exactly are involved, if you do not already know. You can choose to stop selling those posters. If you still want to continue selling them, I advise you to contact one of the lawyers on this website so that you can discuss possible next steps.