Defending design law warning notices

Have you received a warning notice due to a supposed violation against a registered or even non-registered design (previously called: industrial design)? Is the proprietor of the design 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 holder of rights demanding the destruction, recall, or transfer of a product, which, in his/her opinion, is similar to the registered design in shape, color, or overall design? 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 the legal situation for you, particularly regarding the continued existence and the ownership of the protective right being asserted. In addition, we will estimate the probability of the risk of confusion with similar designs from which the claims being asserted depend upon. We will check whether the cease-and-desist declaration being discussed by the owner of the (registered) design 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 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.

The legally secure evaluation of the violation risk with a comparison of two opposing designs requires the knowledge of an abundance of rulings, in addition to specialized education and training. We will represent you in design law disputes in the warning notice proceedings both throughout Germany in the court proceedings for the temporary injunction or during regular complaint proceedings. Take advantage of the many years of experience our lawyers and specialized attorneys have gained in countless design law disputes both in court and out-of-court.

Scope of service

  • Consulting with respect to the legal options and the strategic procedure
  • Out-of-court representation in warning notice proceedings
  • Examination and assessment of the technical and legal situation
  • Cancellation of a registered design
  • 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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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

Dr. Markus Wekwerth

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