Defending copyright law warning notices

Have you received a warning notice due to a supposed violation against the copyright law? Is the author/originator demanding the provision of a cease-and-desist declaration, information regarding the extent of use, the payment of license damages, and the reimbursement of resulting warning notice costs? Is the author/originator demanding the destruction, recall, or transfer of a product, which represents or contains a copyrighted work such as, for example, an image, graphic, a piece of music, or another artistic work? Before you comply with the corresponding demands, you should seek the advice of an experienced (expert) attorney and obtain representation. Not every warning notice is legitimate, and even with legitimate warning notices, the demands being asserted go beyond the actually existing claims in many cases.

What we offer

We will check for you whether the presumably violated work is even a copyrighted work, whether the warning notice is basically legitimate, whether the cease-and-desist declaration being required by the author/originator corresponds to the prohibited trade, and whether the compensatory damage claims being asserted, particularly regarding amount, actually exist.

If the warning notice is legitimate, the risk of consequential claims being asserted, particularly contractual penalties to be paid, can be minimized or even completely excluded, by an intelligently formulated cease-and-desist declaration.

If the warning notice is not legitimate, it can be defended against as quickly and efficiently as possible and – to the extent possible – resulting costs can be demanded from the opposing party. In addition, the reason for the legitimate warning notices can be ineffective if the formal requirements have not been noted.

The defense of the illegitimate claims of third parties and the representation for official warnings, temporary injunctions, and principal proceedings throughout Germany are part of the special strength of our law practice due to the many years of practical experience and the technical expertise of all of our attorneys and specialized lawyers.

Scope of service

  • Examination and assessment of the technical and legal situation
  • Consulting with respect to the legal options and the strategic procedure
  • Out-of-court representation in warning notice proceedings
  • Representation before all district and regional courts in Germany by means of temporary injunction proceedings and in regular complaint proceedings

Costs

We normally offer our services to you calculated according to the time spent at a suitable hourly rate or according to the Attorneys Compensation Act (RVG). We believe that cost transparency and cost reliability form the basis of successful cooperation. We will be happy to provide you with an estimate of the expected costs and the cost risk before taking the job.

 

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Dr. Markus Wekwerth

Attorney . Partner
Fachanwalt für:
Intellectual Property
+49 711 41019074

Christopher A. Wolf, MBA

Attorney . Partner
Fachanwalt für:
Intellectual Property
Copyright and Media Law
+49 711 41019073

Clemens Pfitzer

Attorney . Partner
Fachanwalt für:
Intellectual Property Law
IT Law
+49 711 41019072