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Warning error and reaction eBook

LHR Guide: Warning letters

Warnings and legal proceedings cost time, nerves and money and are therefore to be and should therefore be avoided at all costs. You should therefore prevent this as far as possible by seeking legal advice in advance.

The 5 biggest mistakes and the 5 best ways to react

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Dealing with a warning

A warning letter is a drastic event for every company – regardless of whether it is a small startup or a listed AG. We show you the 5 biggest mistakes, that you can do when you receive a warning letter. However, each of the five response options can also optimal response to a warning letter. In our LHR guide, we explain the following to you 5 Response options:

1. cease and desist declaration

Issuing a cease-and-desist letter can be a big mistake, especially if it has been pre-formulated by the opponent.

2. rejection of the claim

Even if you may feel a great need to do so: In the case where you suspect that the warning is based on unfair motives or money-grabbing, it may be a big mistake to reject the warning.

3. keep silent properly

You want to consign the warning to the wastebasket right away? Simply ignoring a warning letter is not always advisable, but more often than you think!

4. negative declaratory action

In response to a warning, you can immediately file a negative declaratory action requesting a declaration that the claims asserted by the opponent do not exist.

5. protective letter

If there is clear evidence of defenses, consider filing a protective brief.

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Birgit Rosenbaum

Specialist attorney for industrial property rights

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Specialist attorney for industrial property rights

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Practical handbook for enforcing claims in competition law

2nd, completely revised and updated edition

Arranged chronologically, differentiated structure, numerous cross-references and, brand new: Extensive practical information on every process situation.

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