This page is intended to be a source of information for individuals that have received a Warning Letter (German: “Abmahnung”) including a prepared Declaration to Cease and Desist (German: “Unterlassungserklärug” / Unterlassungs- und Verpflichtungserklärung”) because of an infringement of another party’s copyright, trademark or because of a breach of competition law.
The letter you have received is a so called Warning Letter (or “Cease and Desist Letter”) including a request to Cease and Desist. The opposing party – a holder of a copyright, trademark or a competitor of yours who is being represented by a specialized law firm – claims that you have – amongst others – infringed and / or offended the German Copyright Act (“Urheberrechtsgesetz” – UrhG), the German Trademark Act (“Markengesetz” - MarkenG) or the German (Protection Against) Unfair Competition Act (“Gesetz gegen den unlauteren Wettbewerb” – UWG).
The opposing parties commonly prosecute the following infringements:
(i) Copyright Infringement by file sharing: The opposing party claims that you have downloaded a copyright protected file (music, film, audiobook or software) from the internet and / or have made available such file for download in the internet, usually by using file sharing software such as peer-to-peer networks or file hosting services.
(ii) Copyright Infringement by publishing copyrighted artwork on your website: The opposing party claims that you have downloaded and / or published a protected image (German: “Bildabmahnung”) or road map (German: “Stadtplan” / “Kartenausschnitt”) on your web page without prior consent of the copyright holder.
(iii) Trademark violation: The adversary reproaches you for having used a trademark or a term that is a protected as a trademark in commercial transactions or have imported / sold a counterfeit branded article (trademark piracy) or a branded article although it was not supposed to be sold in the European Economic Area (grey import).
(iv) Anticompetitive violation: The opposing party claims that you have infringed the statutory provisions of fair competition.
Provided that the reproach is appropriate, the opposing party is entitled to injunctive relief, damages and disclosure about the circumstances of the respective breach. In order to enforce or to comply with their entitlement to injunctive relief, they have prepared a Declaration to Cease and Desist (German: “Unterlassungserklärung”) which they want you to sign within a very short deadline.
We recommend, not to sign this Declaration to Cease and Desist right away but to seek legal advice immediately!
The claimed damages consist of both legal expenses for the opposing law firm and lost profit of the copyright holder (in case of a copyright violation). Those damages are usually overdrawn and yet negotiable. The amount of damages and the short payment deadline are both intended to intimidate you and make you pay without having the proper time to reconsider or seek legal advice.
We recommend, not to pay the claimed amount without having doublechecked with a qualified lawyer!
Our law firm presently represents over 6.000 clients in file sharing and copyright infringement cases and thus belongs to one of the leading law companies in Germany.
We guarantee you the utmost discretion in handling your case.
Qualification of the law firm GGR Rechtsanwälte within the Copyright law and media field
Filesharing respectively copyright related Cease and Desist Letters is a special field within (German) civil law. For your own benefit, we recommend you abstain from lawyers who are not specialised in this field and do not have proven media and/or copyright qualification and do not have experience in court.
GGR Law is a law firm that exclusively employs lawyers with copyright law and media law qualifications (Fachanwalt für Urheber- und Medienrecht, Master of Law in Medienrecht, Master of Law im Informationsrecht). GGR Law also provides a professional and fully equipped technical infrastructure specialized on those legal matters.
In case you compare our services with those of our competitors be sure to ask the designated law firm about their legal experience in court and their copyright law and media law qualification.
We have already won several legal cases against File Sharing law firms.