Have you received a warning notice due to a supposed violation of a trademark or another identifier? Is someone claiming there is a risk of confusion between your trademark/your identifier and the trademark/identifier of the opposing party? Are you being accused of product or trademark piracy? Before you comply with any demands for providing a cease-and-desist declaration, information, compensatory damages, or reimbursement of attorney’s fees, you should seek the advice of an attorney. Not every warning notice is legitimate, and even with legitimate warning notices, the claims being asserted often go beyond the actually existing claims. In addition, it is often possible to take action against the party issuing the warning notice.
What we offer
We will review the legal situation for you, particularly the legitimacy of the claims being asserted by the person issuing the warning notice, along with the warning notice itself.
We will check the legal situation for you, particularly the legitimacy of the claims being asserted by the person issuing the warning notice, along with the warning notice itself.
If the warning notice is legitimate, the cease-and-desist declaration can often be limited thereby minimizing the risk of any contractual penalties. Furthermore, the consequential claims to information, compensatory damages, and the reimbursement of costs can often be tabled or at least be significantly reduced. Sometimes, a judgment before the court can be enforced to issue a cease-and-desist declaration, for example, in order to avoid contractual penalties. 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.
We can represent you in trademark law disputes, not only out of court in warning notice proceedings but also, if necessary, in subsequent court proceedings in the form of a temporary injunction or regular complaint proceedings. We can represent you anywhere in Germany. Take advantage of our many years of experience in countless trademark law disputes and court proceedings.
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
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.