Auction catalog Trademark rights to the Hallhuber and Hallhuber Donna brands and 28 domains of Hallhuber GmbH | 22.02.2024 - 14:00
We are publicly auctioning on behalf of the entitled parties, in another's name and for another's account, according to the provisions of § 1235 BGB, through an online live auction on Thursday, February 22, 2024 - 2:00 PM at Bierhäuslweg 9, 83623 Dietramszell the intellectual property rights of the brands Hallhuber and Hallhuber Donna listed in the data room at https://deutsche-pfandverwertung.de/datenraum/ (including, but not limited to, usage marks, registered trademarks, especially German trademarks, EU trademarks, and internationally registered trademarks (IR trademarks)), specifically the 62 trademarks listed in the document in the data room ("4761K1-ag_Current_Protection_Rights_Overview_ev_gm_20231024.pdf"); as well as 28 (twenty-eight) domains, especially those listed in the document in the data room ("Overview HALLHUBER Domains.xlsx")
and claims against DENIC (German Network Information Center) or another registry for the maintenance of the registered domain ("DOMAINS"); all ancillary rights and claims arising from or in connection with applications for the registration of any of the rights mentioned in paragraphs (a) and (b) that have already been filed or will be filed in the future; all present, future, or contingent ancillary rights and claims from the rights mentioned in paragraphs (a) to (d) (including all rights and claims arising from and in connection with the issuance of licenses to third parties); and all co-ownership rights and expectant rights to the rights listed in paragraphs (a) to (e) ("INTELLECTUAL PROPERTY") all present and future claims of the PAWNGIVER against third parties due to violations of INTELLECTUAL PROPERTY; and all present and future claims of the PAWNGIVER due to the use of the INTELLECTUAL PROPERTY, including all claims against licensees, sub-licensees, and other users of the INTELLECTUAL PROPERTY, established pledges at the time of the auction, which the pledgees have duly asserted in accordance with the contractually agreed enforcement conditions because the maturity of their claims has occurred in whole or in part at that time.
Bids will be accepted in writing or online in advance until February 22, 2024, and then through online live bidding or by phone or in person from 2:00 PM on February 22, 2024. Auctioneer: F. Eberhard Ostermayer - general, publicly appointed and sworn auctioneer.
Here you have the opportunity to place your bids
Bidding:
Bids in a face-to-face auction: prior registration required due to the Money Laundering Act; otherwise registration for participation on the day and place of the auction from 12:00 to 13:00. Online bidding: via our special auction website - please register here: http://www.versteigerungen-deutsche-pfandverwertung.de/ You will receive access to the online auction platform with access data after receipt of payment of the security deposit. Please note: Some e-mail addresses, especially those of the provider T-Online, are not delivered due to the specific spam criteria of T-Online, for example! If necessary, please contact us by phone 08027 - 908 9928 and/or check either your spam folder or spam folder in your webmail for our confirmation link of your registration or, if applicable, other emails to you. We have no influence on the spam criteria of your provider! The live transmission of the auction with the possibility of online bidding takes place via our website http://www.versteigerungen-deutsche-pfandverwertung.de/ Written bids / telephone bids: Written bids or registration for telephone bids (written security bid required, only in case of staff capacity, arrangement necessary) will only be accepted with bank confirmation of a German bank until 24 hours before the auction, 12:00 noon, to fax no. (08027) 908 9932. Bids will be accepted on site in Dietramszell via computers provided against deposit. Prerequisite is the submission of a written bid beforehand. Please download the form from the website www.deutsche-pfandverwertung.de under Auction Dates; simply click on " Bid Form (PDF)" in the list at the top left (download, fill in on the computer and sign electronically, ref.: Auction No. 529, send by e-mail or fax). For online auctions, written (PDF form electronically signed and telephone bids are also possible. Please also use the bid form (PDF) for this purpose. Telephone bidders will be called approx. 5 minutes before the lot is called. Security deposit: Due to the Money Laundering Act, we are obliged to establish the identity of the bidders. Therefore, the timely bank transfer of the security deposit (1 EUR) via the personal account held in the name of the bidder is necessary for you to be admitted as a bidder. In addition, we are obliged to establish identity at public auctions anyway. Therefore, a "security deposit" in the amount of one EUR - € 1.00 - must be paid in advance by bank transfer as a deposit to our account, which entitles the bidder to participate in the auction, upon registration. Payments must be made from the named account of the bidder/registrant; unfortunately we cannot accept payments from third party accounts. We reserve the right to demand a security deposit up to the amount of the anticipated auction proceeds from interested buyers of whom we are aware of cases of insolvency or unwillingness to pay. The estimate of the probable auction proceeds shall be made by the auctioneer in charge of the auction. The security deposit shall be credited or paid out at the end of the auction. In the event that the auctioned items are not accepted after the knockdown, or the provisions of items 14 and 15 of the auction conditions are violated, the security deposit shall be forfeited to us immediately as a contractual penalty. Premium: The highest bidder shall be charged a premium plus 19% VAT on the premium according to the following scale: 25% plus VAT for a hammer price (purchase price) of up to € 99,999.00 18% plus VAT for a hammer price (purchase price) of € 100,000.00 to € 199,999.99 15% plus VAT for a hammer price (purchase price) of € 200,000.00 to € 349,999.99 12% plus VAT. for a hammer price (purchase price) from € 350,000 to € 499,999.99 10 % plus VAT for a hammer price (purchase price) from € 500,000 to € 699,999.99 6 % plus VAT for a hammer price (purchase price) from 700. 000,- € to 999.999,99 € 3 % plus VAT. at a hammer price (purchase price) of 1.000.000,- € to 3.999.999,99 € 2 % plus VAT. from a hammer price (purchase price) of 4.000.000,- €. Surcharge: The hammer price (excluding premium) is shown by us without VAT. Notes: With the acceptance of the bid, the risk is transferred to the bidder.
Payment:
Immediately in Euro by online instant bank transfer (if necessary, have your reader / PhotoTan app ready), flash bank transfer (discuss with your bank beforehand), LZB cheque or irrevocably bank-confirmed cheque. (We are acting in a fiduciary capacity and are obliged to ensure immediate payment. Therefore, later bank transfers are unfortunately not possible). Language If you do not understand the text in this announcement, please engage a translator or use online tools for translation. The auction will be conducted in German.
Language:
Of course, any person of legal capacity in this world is welcome to participate in our auctions. We may be able to provide information in English, French or Spanish. Other languages, however, we cannot. Lien realisations are a sovereign act that must be carried out in the official language of the country, German. To avoid any misunderstandings: If you do not have a perfect command of the German language, we kindly ask you to hire an interpreter who will help you to understand the texts exactly). We accept bids in person, online, by telephone (on request) or in writing. Telephone bids only on request and subject to staff capacity. Written bids must be received and confirmed by us up to 24 hours prior to the start of the auction in order to be considered at the auction. For all forms of bidding, timely registration and receipt of the deposit is required (see below). The hammer price (excluding buyer's premium) will be shown by us without VAT. Notes: With the acceptance of the bid, the risk is transferred to the bidder.
Payment:
Immediately in Euro by online instant bank transfer (if necessary, have your reader / PhotoTan app ready), flash bank transfer (discuss with your bank beforehand), LZB cheque or irrevocably bank-confirmed cheque. (We are acting in a fiduciary capacity and are obliged to ensure immediate payment. Therefore, later bank transfers are unfortunately not possible). Written bids / telephone bids: Written bids or registration for telephone bids (written security bid required, only with staff capacity, arrangement necessary). Friendly payment reminders will only be accepted with bank confirmation from a German credit institution until 24 hours before the auction, 12:00 noon, to fax no. (08027) 908 9932. Please download the form on this page by clicking on "Bid Form PDF " in the list on the top left (download, fill in on the computer, electronic signature is accepted, ref.: auction no. 524, send by mail or fax). For online auctions, written and telephone bids are also possible. Please use the bid form for this purpose as well. Telephone bidders will be called approx. 5 minutes before the lot is called. Security and theft: We reserve the right to use video surveillance in the rooms where the items to be auctioned are kept. All thefts will be reported by us to the police. Transfer: The deed of transfer will be issued immediately after receipt of payment in full of the hammer price and buyer's premium invoice and will be sent by letter post (registered mail/return receipt
