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Unlawful advertising, product copies and unauthorised image use call for reliable evidence and a clear objective. A warning letter seeks to stop the infringement out of court and provide a basis for a binding resolution.

What we examine

  • Establish ownership, standing to bring the claim and the responsible party.
  • Preserve evidence and assess the scale and urgency of the infringement.
  • Identify the legal basis for injunctions, disclosure, damages and reimbursement of costs separately.

Key legal considerations

Extra care is needed before warning customers or distributors. An unjustified IP warning can create liability. Whether to start with an enquiry about entitlement, a warning letter or court proceedings depends on the circumstances.

Illustrative practical example

A manufacturer discovers a near-identical product on a marketplace. Rights records, purchase evidence and listings are preserved before appropriate claims are directed at the seller, manufacturer or platform.

Documents for the review

Register extracts, assignments, original products, test purchases, screenshots and the date the infringement first became known.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

Related guidance

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