Warning Letter – Abmahnung

abmahnungHave you received a warning accusing you of copyright, trademark and competiton infringement?

We can help to defend you against such a warning.

Copyright, trademark and competiton law are our areas of expertise. Through this clear focus, we have vast experience and can provide you with expert advice, should you receive a warning.

Warnings are to be taken seriously.
However, with the right defence strategy, financial damages can be greatly minimised, if not completely prevented.

We have in place a successful defence strategy in proceedings against warnings, which favour our clients. This strategy can greatly reduce warning demands.

Without question the following points should be noted in relation to warnings:

  • Do not sign the attached declaration to cease and desist
  • Do not pay the opposing side
  • Do not call the opposing side
  • Do not allow the deadline to elapse
  • Seek legal advice

Our extrajudicial help and advice comes at a fixed price.

This fixed price includes:

  • Comprehensive advice and development of an optimal defence strategy, tailored for your individual case
  • The hand over of a legally acceptable and modified declaration to cease and desist.
  • As your personal point of contact, we take over the entire correspondence with the opposing side.

We can help to defend you against such a warning.

In copyright law, subject knowledge and correct tactics are crucial. Don’t risk trial and error! We generally avoid expensive court proceedings and in almost all cases we find an extrajudicial solution or out of court settlement.

As a media law firm, we are specialists in questions concerning copyright, trademark and competition law and have already conducted hundreds of procedures against warnings.

Some law firms send such warnings due to prohibited use and application of protected works on internet file-sharing sites. In the warnings, the subject matter often relates to prohibited usage of copyright protected songs, music albums, films, games and audio books. In most cases the firms who send the warnings demand a cease and desist declaration with a penalty, alongside the payment of all-inclusive compensatory damages. The deadlines for these payments are often very short.

If you have received such a warning, please remain calm! However do not ignore the warning; ignorance can later lead to court procedings and greater costs.

Get in contact with our firm! We represent clients extrajudicially nationwide and can help you find a fast solution.

What’s next?
It is essential you send us the documents, so we can legitimately argue and defend your case. The warning can be sent by email, fay or by letter. Of course, we also are available for personal consultation at our Berlin-based firm.

As soon as we receive the documents, we proceed to examine the contents and discuss with you an optimal defence strategy, tailored for your individual case. With us there are no hidden costs and we will always provide an honest assessment of your legal situation.

You don’t have to look after anything else, everything thereafter will be conducted exclusively by our firm.

Rechtsanwalt HoesmannWe are here to help you!

Our firm is almost exclusively engaged in the area of copyright , trademark and competition law. Through handling a large number of warnings, we have much experience, which will be of great benefit to you. We offer fast, straightforward help and advice nationwide.

Contact regarding warnings: Telephone 030 956 07 177

Background knowledge of Warnings
A warning is the extrajudicial demand to cease and desist the continuance of an asserted rights violation. Reguarly a declaration of cease and desist is demanded. Warnings are also valid if they are not sent by registered mail.

Many law firms send such declarations with the warning. This declaration is formulated however in the interests of the claimant and often contains sections that do not require a signature.

Without question, take a warning seriously. If you ignore it, it can quickly lead to court procedings, which risks further costs being incurred.

However, if you respond and defend against a warning correctly, you could save considerable costs.

Matters to consider
Never sign an unexamined declaration to cease and desist which is attached to a warning. These declarations are generally formulated with respect to the opposing side. You always have the opportunity to give a modified declaration. Bear in mind the fact that you are bound to this declaration for 30 years!

With the warning, damages claims are often demanded. These damages are made up of legal costs and compensatory damages for the claimant.

Hoesmann_buch_2Our experience shows that these claims are often set at very high and there is often much room for negotiation. Therefore you should seek legal advice if you receive a warning of this kind. Unfortunately we have clients who attempt to solve the problem themselves using advice from friends or internet forums.  This can quickly lead to legal mistakes, which are costly and irreversible.

Should you have legal questions, our firm is glad to be of assistance!

Whether you live in Berlin or elsewhere in Germany, we are here to provide you with a fast solution to your legal questions and problems – in english.

Simply get in touch today so we can be of assistance.

Get in contact with us today:

Telephone: (+49) 030 956 07 177
E-Mail:  office@hoesmann.eu
Further contact information

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