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The interim injunction in the field of trademark law, unfair competition law and design law

The interim injunction in the field of trademark law, unfair competition law and design law.

An interim injunction is a temporarily court-order to protect an entitlements that are not based upon money. Also, for an interim injunction, urgency is required.

This way one can assert his rights in refer to omission, disclosure and source, fast, albeit solely temporarily. Other entitlements despite omission, disclosure and source, hardly can be secured with an interim injunction.

Generally the claim based on unfair competition is preferred, as to the fact, that in German unfair competition, the urgency of a matter is statutorily presumed.

In practice, these interim injunction trails are closed by signing a so called “final declaration” (Abschlusserklärung) so that a main trail mostly is provided.

Author: Unfair competition specialist lawyer Thomas Seifried

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