Due to the presumption of illegality of unauthorized use of intellectual property, burden of proof lies upon the person, who executes the non-contractual use of trademarks.
If you have received a cease and desist letter regarding illegal use of trademarks while you do have the rightholder’s authorization to use his intellectual property, provide proof of such authorization to clear the misunderstanding.
In absence of a licensing agreement, you can prove your rights to use a trademark by demonstrating that the goods that you are commercializing are genuine and were acquired legally.
The following documents can be presented as proof:
- dealership or distribution agreements;
- agreements with official distributors for purchase of goods;
- consignment notes, tax invoices, bank transfer orders etc.
Be reminded that in absence of proof of legality of trademark use, sanctions aimed at suppression of infringements and collection of compensation may legally be imposed on your business.