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Warning letter – Enforcing claims for injunctive relief.
A warning letter constitutes a formal demand to refrain from specific conduct in the future. It aims to secure the submission of a cease-and-desist declaration backed by a penalty clause and serves to facilitate the swift resolution of a dispute, as it allows for the avoidance of significantly more costly court proceedings. In the fields of competition law, trademark law, patent law, design law, and copyright law, legal infringements can be remedied in this manner.
However, issuing a warning letter is not mandatory; you may also seek immediate judicial relief – specifically, by applying for a preliminary injunction or filing a lawsuit. Nevertheless, the desired outcome can often be achieved more quickly and cost-effectively through the issuance of a warning letter.
Moreover, if you immediately apply for a preliminary injunction or file a lawsuit without having issued a prior warning letter, you may be required to bear the legal costs should the defendant immediately acknowledge your claim for injunctive relief. This applies, at any rate, unless the warning letter was deemed dispensable in exceptional circumstances (for instance, because there was no reasonable expectation that the defendant would submit a cease-and-desist declaration in response to such a letter).
What can we do for you in connection with warning letters?
We assist you in cases involving the infringement of your
• Trademarks, Business Names & Company Symbols
• Designs
• as well as instances of unfair competition by rivals
We enforce your claims for injunctive relief swiftly and decisively through formal warning letters and preliminary injunctions, thereby providing effective and lasting protection for your business:
• Warning letter for trademark infringement
• Warning letter for patent infringement
• Warning letter for utiliy model infringement
• Warning letter for design infringement
• Warning letter for copyright infringement
• Warning letter for unfair competition
The costs associated with a justified warning letter must be reimbursed by the infringing party. This also applies to costs incurred during judicial enforcement proceedings, for example when filing for a preliminary injunction. Furthermore, you will frequently be entitled to claim monetary damages. Naturally, we handle the collection of all such claims on your behalf.
We offer an initial consultation at affordable, transparent fixed rates, which are credited against our fees should you decide to retain our services for further action.
Received a warning letter?
If you have received a warning letter yourself, it is crucial to react promptly. Please send the letter to our firm via email for a non-binding review. We will assess whether the warning is unjustified, or potentially even constitutes an abuse of legal process, and develop an appropriate defense strategy. It is also possible that we are already familiar with your opponent.
Conversely, if you have received a warning letter from us, we recommend that you seek the assistance of legal counsel specializing in this field to ensure the matter is resolved as quickly and efficiently as possible.
Contact us
Feel free to contact us by sending us an e-mail or calling us at any time. We are looking forward to helping you with any issues relating to trademark law, patent law, copyright law, design law, license agreements, distribution law and competition law.
Attorney at law Andreas Erlenhardt, LL.M.
Bar-certified specialist attorney for intellectual property
We do business all over Germany. Our Düsseldorf office is located within the district of the Higher Regional Court (Oberlandesgericht) of Düsseldorf, to which the following communities belong: Hilden, Langenfeld, Meerbusch, Neuss, Krefeld, Kaarst, Ratingen, Mönchengladbach, Viersen, Kempen, Wuppertal, Erkrath, Haan, Remscheid, Mettmann, Solingen, Velbert, Oberhausen, Duisburg, Mülheim, Dinslaken and Kleve – we do not have offices in these cities but only in Düsseldorf. We have advised clients who are located in Berlin, Dortmund, Bremen, Köln, Dresden, Bochum, Bonn, Gelsenkirchen, Chemnitz, Kiel, Augsburg, Koblenz, Lübeck, Leverkusen, Oldenburg, Stuttgart, Osnabrück, Paderborn, Würzburg, Ulm, Offenbach, Bottrop, Hannover, Münster, Recklinghausen, Trier, Erlangen, Jena, Reutlingen, Nürnberg, Pforzheim, Göttingen, Heilbronn, Regensburg, Ingolstadt, Darmstadt, Heidelberg, Potsdam, Leipzig, Hamm, Kassel, Saarbrücken, Mainz, Freiburg, Aachen, Braunschweig, Wiesbaden, Karlsruhe, Mannheim, Bielefeld, Essen, Frankfurt and München.