If you have any questions after receiving a warning letter or the various problems associated with claims for damages, our lawyers are at your disposal
We support you in the correct drafting or modification of a cease-and-desist declaration.
In the corporate sector, warning letters in connection with the legal fields of trademark law, copyright law, media law, patent law and data protection law are not uncommon. The lawyers at our Dresden law firm will advise and support you in this regard:
- the correct course of action when receiving warnings,
- temporary injunctions,
- the correct drafting of a cease-and-desist declaration or a modified cease-and-desist declaration,
- Advice on the various problems in connection with the damages usually claimed in the corresponding warning letter.
Our team is available for you by telephone on 0351 -896 921 40 or at the e-mail address kontakt@white-ip.com for you.
We are available for consultations in Dresden, Leipzig, Berlin, Cologne, Munich, Hamburg and beyond. Contact us with your request and your wish for an online or on-site consultation!
We will find an appointment together.
Warning letters in competition law are no longer a rarity. Particularly due to the use of the internet as a trading platform, warning letters in competition law and related areas of law such as IT or copyright law have become commonplace. In most cases, warning letters can be very costly for the party concerned.
In the area of trademark law, warning letters mainly concern the property rights of registered trademarks, domains and signs.
Due to the abundance of possible infringements in competition law, it is extremely important for you as an entrepreneur to be aware of all problems relating to competition law at an early stage in order to prevent warning letters from the outset.
Our lawyers offer you detailed and competent advice and support in order to avoid warnings right from the start of your commercial activity. Furthermore, it is within our scope of activity to carry out a comprehensive and complete review of an already existing Internet presence and thus to recognize and eliminate sources of error in good time.
The law firm white ip | Patent & Legal supports you in and out of court against warning letters of all kinds.
These warning letters usually concern industrial property rights in the following areas:
You should note that the law firms specializing in this area attach cease-and-desist declarations to the warning letter, which must be signed within a very short period of time. These cease-and-desist declarations must not be ignored under any circumstances, as legal proceedings, which are associated with considerable costs, can only be avoided by submitting a modified cease-and-desist declaration. How this modified cease-and-desist declaration must be issued usually depends on the individual case.
As we have already handled numerous cases in this area in the course of our work, we have the knowledge to represent you competently in dealing with these cease-and-desist declarations and any claims for damages and injunctive relief. In most cases, we succeed in considerably reducing the excessive claims of the warning parties, insofar as payment is not partially or even completely waived.
In competition law or intellectual property law, it is a regular occurrence that a warning letter is not only accompanied by a declaration to cease and desist that can be filled out. Rather, there are a large number of constellations in which preliminary injunction proceedings have already been initiated to the extent that a preliminary injunction has already been issued by the court instructing the addressee to refrain from the anti-competitive behavior. In such cases, it is usually advisable to file a preventive and preemptive protective brief with the competent court so that an oral hearing is virtually enforced.
In general, the decisive factor for a warning letter is whether the warning letter is justified at all. The same applies to the preliminary injunction. The actual illegality of the warned anti-competitive behavior is decisive for the justification of a warning letter and the preliminary injunction contained therein. It must therefore be proven that the commercial act actually violates the statutory regulations regarding competition.
This is not always the case. If you have received a warning letter, we advise you to first consult a lawyer who has the necessary expertise in competition law.
The warning letter is often accompanied by a pre-prepared declaration to cease and desist, with the completion of which the recipient confirms to refrain from the anti-competitive behavior and agrees to pay the full amount of damages demanded in the warning letter.
Extreme caution should be exercised here. It is not uncommon for the person concerned to agree to pay the same amount of damages in all other similar cases by completing the cease-and-desist declaration. In addition, the damages demanded are often disproportionately high.
Completing a cease-and-desist declaration is a problematic undertaking by which the recipient concerned – often without his knowledge – agrees to actions that are not at all within his will. Thanks to our many years of experience as a law firm and our specialization in intellectual property law, we have the necessary expertise to advise and support you competently and in detail on all matters relating to the cease-and-desist declaration and the associated compensation.
A modified cease-and-desist declaration can sometimes bring considerable advantages for the party concerned. However, it should also be noted that an unquestioning formulation of the modified cease-and-desist declaration can also result in serious legal errors that can cause more damage than the original claim for damages.
Extreme caution is required when amending a pre-formulated cease-and-desist declaration attached to a warning letter. In principle, however, the warning party can only claim damages in the amount to which it is entitled. If the damages demanded in the cease-and-desist letter exceed this amount, the cease-and-desist letter may be modified, i.e. amended.
Numerous templates for modified cease-and-desist declarations can be found on the internet. However, it is difficult or even impossible for someone who is not trained in law to determine whether the respective model forms are at all suitable for meeting the injunction demanded.
Furthermore, we strongly advise against adding your own adjustments to the pre-formulated cease-and-desist declaration or the sample of a modified cease-and-desist declaration, as this can often lead to serious legal errors which, in the worst case, open up further legal steps for the party issuing the warning, all of which can result in horrendous costs.
Our lawyers have many years of experience in explaining to you in detail how to draft a modified cease-and-desist declaration and which regulations must be taken into account.
Note: We ask for your understanding that the information can only address the general problems on the subject of warnings and can only explain these in general terms. We would like to point out that reading the above information cannot replace personal legal advice, but merely provides an initial basis for information. Our lawyers in Dresden or online are at your disposal for a personal consultation.
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