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Received a German cease-and-desist letter ("Abmahnung") due to trademark infringements, infringments of unfair competition law or infringements of other intellectual property rights?

At the same time an overview of German intellectual property law - Free Ebook

You will find an illustration of two typical cease and desist declarations in the field of trademark law and unfair competition law.

After more than 40.000 downloads of the German version the english version is now available: "Received a German cease-and-desist letter?" reflects the newest legal status and actual referring to cease and desist letters, especially concerning the topics as power of attorney and the restitution of patent attorney costs and abuse of legal right.

Further a main aspect is a listing of indications which will advert to the weak points of the received cease-and-desist letter, noticeable for a layperson, so he can judge if the cease and desist letter is dubious. Further, which circumstances lead one to assume the claimed entitlements are not, or at least not in the claimed pre worded form, enforceable?

The edition has an outline on intangible property right as intellectual property right- and copy right law. This guidebook "Received a German cease-and-desist letter?" gives answers to most of the questions that arise on the warned parties’ side when received a cease-and-desist letter, as:

  • Must I react?
  • Must I accept and sign, or can I change (modify) the pre worded cease-and-desist declaration?
  • Must I reimburse the attorney fees and maybe also the additional patent attorney fees?
  • What is danger of recurrence?
  • What happens when one violates the cease and desist declaration?
  • How detailed must I give disclosure?
  • How do I find out, if the cease-and-desist letter abuses legal right or is dubious?
  • What happens when one violates the cease-and-desist declaration?
  • Can I counterattack by sending out a counter cease-and-desist letter?

This  Ebook deals with cease-and-desist letters in the field of competition law as well as trademark law, domain law, industrial design law and copyright law.

The attachment holds two examples of cease and desist letters in the field of intellectual property law showing typically pre-worded clauses. One cease and desist declaration in the field of unfair competition law due to “denigration” and one cease-and-desist declaration due to trademark law. The clauses are commented at length.

Author: Thomas Seifried, Fachanwalt fuer gewerblichen Rechtsschutz (Lawyer and certified intellectual property right lawyer/specialist IP-lawyer)

Download the English version of the free Ebook „Received a German cease-and-desist letter?" here.

German version

More free e-books on European and German Intellectual Property Law are available here.

Kontakt

SEIFRIED IP Rechtsanwälte
Corneliusstr. 18
60325 Frankfurt am Main

Tel. +49 69 91 50 76-0
Fax +49 69 91 50 76-11


 
Free download "Received a German cease-and-desist letter?"