The company NB technology pronounces because of advertising with the term “nickel free” unusual warnings from the lawyers Bauer and partners.
The company NB Technologie GmbH, represented by the managing director Dr. Peter Barth and Martin Neumayer, Sonnenrain 8, 89547 Gerstetten falls for several weeks by numerous warnings to which they, by attorney Frank Sanwald from the law firm of bp Lawyers Bauer und Partner GbR 89522 Heidenheim, can speak against online retailers.
Almost word for word has lawyer Frank Sanwald the recipient of the warnings first in each case indicated that the company NB technology is the sole owner of the rights of the European patent no. 2,209,924. This patent have, inter alia, Effect in the Federal Republic of Germany and detecting the use and licensing not nickel-alloyed stainless steel for watches, watch parts, jewelry, piercings, etc.
But the fact is that as a result of opposition against the patent EP 2209924B1 the European Patent Office after an oral hearing to revocation of the patent was.
This raises the question of why the company NB Technologie GmbH nevertheless even now by the Heidenheim Lawyers Bauer and partners can tell you that this patent unfolding effect in the Federal Republic of Germany and protect the abmahnende company NB Technologie GmbH.
Also for Lawyer Frank Sanwald and the company NB will Technologie GmbH must ask, why in the warning a claim for damages in the amount of approximately € 50,000.00 and argued, inter alia,
is explained by the “scope of the patent” Equally questionable appears the assertion that the Abmahnkosten -. So the lawyers’ fees in favor of the firm Bauer and partner for the pronunciation of warning – a dispute of 80.000,00 give € and therefore would be € 1,752.90. This is particularly unusual because – according to RA Frank sand forest – is to be composed of this subject value of € 30,000.00 for an alleged claim for injunctive relief and further € 50,000.00 for a license claim for damages
One possible explanation for these unusual. representations could then be the demand for a lump sum of € 3,000.00, with which the respective recipient of the warning could settle the alleged damages and reimbursement claims.
In addition threatens lawyer Sanwald that the company abmahnende NB Technology GmbH reserving the event of non-payment, the “make effective alleged damage and possibly beyond information and any further payment claims”
But:. In addition to the reference to the (revoked) Patent EP 2209924B1 competition regulations are asserted. So unfair advertising statement is in the use of the term “nickel free” seen if the with “ nickel free ” advertised product has been added to the alloy actually nickel.
Because of this competition part of the warning solves solved considered by the patent part and could be followed up by the NB Technologie GmbH, the warnings of lawyers Bauer and partners can not be taken lightly.
Given the claims and dispute values and the associated cost risks stationary in space, it is therefore strongly to take / lawyer how to edit the reminder service.
Under no circumstances should the Abgemahnt the pre-formulated by attorney Frank Sanwald and the warning sign attached penalty clause declaration unaudited and go back. The only because then if breached contractual penalty claims of € 5,100.00 for each violation threaten!
Additional information on the warnings of the company NB Technology GmbH, represented by the attorneys Bauer and partners can be found on our website at
For further information please do not hesitate available.
Alexander F. Brauer
lawyer specialized in Intellectual Property Law
law firm White & amp; PartnerÆ
lawyers, patent attorneys
Katharinenstraße 16 73728 Esslingen
Phone: 07 11/88 24 1006
Fax: 07 11/88 24 1009