Design Rights – Cease-and-desist letter and warning notice - Gemstone bottles - single mother help

My name is Julia, and I am a single mother with a deep passion for animal welfare. Unfortunately, I am facing a costly legal dispute that threatens my financial stability. My small business selling gemstone bottles was intended to support my son and help finance the care of stray animals in Asia. However, I am now struggling with high legal and court fees.

Please consider helping me overcome this challenge so that I can continue to care for my child and animals in need. Every contribution makes a difference!

Donation link: https://4fund.com/vcu8ye

How It All Began

In 2024, I started a small business to sell gemstone bottles that I discovered during a stay in Asia. My goal was to create a financial foundation for my son and me while continuing my voluntary work in animal welfare.

The proceeds were intended not only to provide us with some financial security but also to help finance the neutering and care of stray dogs and cats in Asia. In the past, I have often treated and cared for injured animals there, and through the sale of these bottles, I aimed to support this important work.

However, shortly after I began, I received a cease-and-desist letter from the company VitaJuwel. This was based on a test purchase carried out by a law firm on behalf of VitaJuwel. This purchase served as the basis for the cease-and-desist letter. There were no further sales. In total, I had only six bottles and three gemstones, which I offered in various combinations.

The cease-and-desist letter stated that the bottles I was offering were protected by design rights. However, the bottles I offered were sourced from a different supplier and are identical to many other bottles available on platforms such as Amazon, Kaufland, or Media Markt. I was not aware that the design might be protected, and as soon as I learned of it, I immediately took my listings offline.

From the outset, I informed the law firm that my business operated on a very small scale.

The Legal Situation

The cease-and-desist letter not only demanded a cease-and-desist declaration but also a payment of over €2,000. Given that I had only 6 bottles and 3 gemstones in total and there were no further sales, I considered this demand to be unreasonable. Therefore, I did not sign the cease-and-desist declaration but instead explained to the law firm the limited scope of my business. I removed my listings and assured them that I would not sell any more bottles. I also pointed out that the same bottles are widely available on the market.

However, I was subsequently served with a preliminary injunction, which has resulted in high legal and court fees.

The amount in dispute was set at €50,000, which has resulted in legal fees amounting to over €3,000. Additionally, I have already paid over €500 for legal advice and anticipate further court costs of approximately €1,000.

I offered the law firm a payment that corresponds to my financial situation as a single mother working in animal welfare (between €1,200 and €1,500) – particularly since there were no further sales. However, this offer was rejected, and instead, I received a demand for more than €3,000. Additionally, further court costs and my own legal fees are accruing. These amounts far exceed my financial capabilities.

That is why I am asking for support.

If more funds are raised than are needed for this case, I will use the surplus to support my animal welfare work in Asia.

Thank you for any help!

The Suffering of Animals in Asia

Since my son’s father lives in Asia, we spend one to two months there every year. During this time, I witness the immense suffering of many stray dogs and cats.

Over the years, I have purchased medication almost daily, taken injured animals to the vet, and provided them with food and water.

With your support, I can continue to help these animals.

Donation link: https://4fund.com/vcu8ye

Legal Notes for Clarification

• This text describes my personal view of the situation and does not constitute a legal opinion.
• My aim is to obtain financial support for my legal and court fees.

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