5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.Period: October 2016 to date · As of: 28 October 2026
Review and defend against a warning letter (Abmahnung)
Review first, then sign. The deadline is not a strategy.
We review warning letters (Abmahnungen) for companies, agencies and online retailers. We clarify whether the allegation is justified, which declaration comes into consideration and which response limits the conflict. Legal review and defence: we review the warning letter before you sign anything.
The first contact is free of charge. We will tell you explicitly before any costs arise.
Response on working days within 24 hoursJust received a warning letter? Go to emergency mode
Stand: 23.10.2026
Warning letter for a misleading advertising claim
Our client is a competitor and entitled to assert the claims.Check standing
We call on you to sign the enclosed cease-and-desist declaration for all products.Scope too broad
For our work we demand reimbursement of the costs based on the stated value in dispute.Check value in dispute
Review point: the declaration goes further than the specific allegation
- 1Secure the warning letterDeadline, enclosures and evidence
- 2Assess the riskClaim, costs, scope
- 3Implement the responseThe other side or the court decides
Schematic illustration of a typical warning letter. Whether the other side gives in is its own decision or, in a dispute, a court’s.
We review warning letters in
- Competition law
- Trademark law
- Copyright law
- Data protection law
- Media law
What should you do right now?
- Do not sign the enclosed cease-and-desist declaration without having it reviewed. It is usually binding permanently and linked to a contractual penalty. Section 13a UWG: contractual penalty
- Note the deadline set and the date the letter was received. If the deadline expires without a response, the other side can take court action without further notice.
- Secure the content objected to, with the date, before you change or delete anything.
Key points in brief
- When you receive a warning letter, we at ITMR review the allegation, the standing to issue it, the deadline, the costs and the scope of the cease-and-desist declaration demanded.
- A warning letter should neither be ignored nor signed without review, because both can trigger costs and obligations for the future.
- Depending on the situation, we prepare a rejection, a modified cease-and-desist declaration, cost negotiations, a protective letter or a defence in court.
- Whether the other side accepts the response is its own decision.
- In a dispute, a court decides.
- Your contact is Jean Paul Bohne and his team. He is a Fachanwalt (certified specialist lawyer) for IT law and for copyright and media law. Response on working days within 24 hours.
- Cease-and-desist declaration
- A declaration to refrain from a certain conduct in future, usually secured by a contractual penalty.
- GDPR
- The EU General Data Protection Regulation. It governs how companies may process personal data.
- Preliminary injunction
- An urgent court decision that provisionally secures a claim.
Urgent need for action
When should you come to us with a warning letter?
A warning letter calls for fast but controlled decisions. In our advice, besides the alleged infringement, the issues regularly include deadlines, warning letter costs, an enclosed cease-and-desist declaration and possible contractual penalties.
Many follow-on risks arise not from the original allegation but from the wrong response to it.
In our experience, a warning letter rarely creates only a legal problem. Management, legal, marketing, sales, the platform team or the agency have to decide at short notice whether to respond, negotiate, change, reject or prepare for court proceedings.
We often see that content, offers, campaigns or platform listings are to be changed. At the same time, nothing may be deleted before the current state has been secured.
To prevent the next warning letter, you can check typical weak points of your shop with our warning letter risk check for online shops.
- What do you have?
- Warning letter, enclosures, deadline and usually a draft cease-and-desist declaration
- What is demanded?
- Cessation, reimbursement of costs and, depending on the case, information and damages
- How urgent?
- Short deadlines, sometimes with a threatened preliminary injunction
- Which area of law?
- Competition, trademark, copyright, data protection or media law
The deadline is running. The letter sets a short deadline for a response and threatens court action. What counts now is an orderly review instead of hasty commitments.
A cease-and-desist declaration is enclosed. The other side’s draft may go too far, trigger later contractual penalties or bind operational processes more than the specific allegation requires.
A cost claim is on the table. We assess warning letter costs, value in dispute, information and damages separately. Not every claim holds up in the amount asserted.
Your digital presence is affected. A shop, website, app, marketplace, social media, newsletter, campaign or product listing is to be changed, deleted or blocked.
The area of law is unclear. The allegation may touch on competition law, trademark law, copyright law, data protection, media law or contractual issues. The response line has to take these interfaces into account properly.
Escalation is looming. If a preliminary injunction, lawsuit, platform report or public pressure is on the cards, we also prepare the defence in procedural and communication terms.
The first three questions determine the further route
What exactly is alleged?
What matters is the conduct objected to, the content concerned, the period, the channel, the evidence and the legal classification of the alleged infringement.
Who may assert claims?
We review standing to issue the warning letter, ownership of rights, competitor status, association standing, the licence chain or another legal basis for the claim.
Which declaration would be justifiable?
The scope of a cease-and-desist undertaking must fit the case. Commitments that are too broad can unnecessarily block future campaigns, listings, product pages or content.
No template letter. Defending against a warning letter does not start with a template. First it must be clear what is demanded, whether the other side may demand it and what obligation a declaration triggers.
Review instead of promises
We do not promise that a warning letter will have no consequences. We tell you which allegations are justified, which can be challenged and which response limits the risk.
How it works
How is the response line developed in three steps?
After your enquiry, we will get back to you on working days within 24 hours. If a deadline is running, we prioritise the deadline plan first.
01
Secure the warning letter
Send us the warning letter, enclosures, deadline, draft cease-and-desist declaration and the content, offers or campaigns concerned. We check which deadline is running, whether an extension should be requested and when escalation is looming. We document web pages, ads, posts, listings and campaign states before anything is changed internally.
- Warning letterreceived
- Draft undertakingreceived
- Deadline7 days
02
Assess the risk
We review the claim, standing, evidence, costs, value in dispute, scope of the cease-and-desist undertaking and possible escalation. We review the allegation, standing, the evidence and the formal requirements for the warning letter. We assess the scope and contractual penalty of the declaration demanded and review the value in dispute and the cost calculation.
- Claim
- challengeable
- Scope
- too broad
- Costs
- check value in dispute
03
Implement the response
Depending on the situation, we prepare a rejection, a modified cease-and-desist declaration, negotiations, a settlement, a protective letter or a defence in court. We reply to the other side and agree with your teams which content and processes are to be adjusted.
- Modified declarationdraft
- Protective letterprepared
Scope of services
What do we review for a warning letter?
Service package: defend against a warning letter
Claim and allegation
Is the alleged infringement justified legally, factually and in terms of evidence?
Standing to issue the warning letter
May the other side demand cessation, information, reimbursement of costs or damages?
Scope of the undertaking
Does the declaration demanded go beyond the specific case or cover unnecessarily many variants?
Costs and value in dispute
Are the fees, value in dispute, damages, information and ancillary claims plausible?
Implementation in the company
Can marketing, sales, technology, the platform team or the agency reliably comply with the cessation demanded?
Litigation risk
How likely are a preliminary injunction, lawsuit, protective letter, settlement or further escalation?
- Areas of law
- Competition law, trademark law, copyright law, data protection law, media law
- For whom
- Companies, agencies, platform operators, online retailers, publishers, rights holders
- First response
- on working days within 24 hours
- First contact
- free of charge, to clarify the topic, responsibility and next step
- Costs
- We will tell you explicitly in advance. Only then do you decide.
- Result
- Deadline plan, risk assessment, cost line and draft response
- Not included in the package
- Recourse against an agency, service provider or supplier who supplied the content objected to. This is a separate service, on request and as needed.
Who provides what and who decides
What you provide
- Warning letter with all enclosures
- Draft cease-and-desist declaration
- Links or screenshots of the content objected to
- Contracts, licences and approvals
What we take care of
- Deadline plan and preservation of evidence
- Review of claim, standing and costs
- Reply, modified declaration or protective letter
- Coordinating implementation with your teams
Who decides
- The other side, whether it accepts the response
- In a dispute, the competent court
- You, which line your company takes
How does the engagement work?
- 1
Initial assessment
We review your information and tell you whether the package fits or another route makes more sense.
- 2
Offer for the package
If the package fits, you receive an offer for the review, the reply letter and an adjusted cease-and-desist declaration. We only start after you have agreed.
- 3
Court action separately
A defence in court proceedings and representation in court are not part of the package. We agree these steps separately.
Case routes
Which areas of law does a warning letter concern?
This page covers the urgent moment. The in-depth legal work takes place where the focus of the allegation lies. This keeps the response fast without mixing up the areas of law.
Competition law
Warning letters concerning advertising, price information, newsletters, reviews, product claims, e-commerce or rules of market conduct.
Trademark law
Conflicts over trademarks, logos, product names, domains, platform listings, indications of origin or conflicting signs.
Copyright law
Allegations concerning photos, texts, music, videos, software, designs, use of content, licence chains and damages.
Data protection law
GDPR-related allegations concerning tracking, consents, privacy notices, user accounts, lead processes or data flows.
Media law
Publications, reviews, personality rights, social media conflicts, press matters or reputation-related disputes.
Preliminary injunction
Cases in which the warning letter has already turned into court pressure, an application or a served injunction.
Response lines
Which defence strategy comes into consideration?
A good response is neither automatically tough nor automatically conciliatory. It fits the evidence, the economic significance, the deadline, the opponent, the cost risk and what can be implemented internally.
| Criterion | Reject | Modify the undertaking | Negotiate costs | Prepare for urgent proceedings |
|---|---|---|---|---|
| When it fits | Claim, standing, evidence or cost claim are insufficient | There is a risk, but the other side’s draft is too broad | The core is justified, the value in dispute or fees are not | Court action has been threatened or is likely |
| Obligation for the future | No contractual obligation | Narrowly worded declaration without unnecessary contractual penalty traps | Depends on the accompanying declaration | No obligation, defence in the proceedings |
| What we prepare | Reasoned rejection | Our own draft declaration | Counter-calculation and settlement proposal | Protective letter, evidence and defence arguments |
| Who decides | The other side, whether it proceeds further | The other side, whether the declaration is sufficient | The other side or the court | The court seised |
The value in dispute, fees, information and damages cannot always be fully fended off. In our advice, however, they can often be structured, limited or dealt with separately.
Result of the review
What is clear at the end of the review?
After the review, there is not just an opinion but a decision on the response. You know what will be disputed, limited, changed, negotiated or defended.
Deadline plan
Which deadline is running, whether an extension should be requested and when escalation is looming.
Risk traffic light
Which allegations are justified, which can be challenged and which points have priority in the short term.
Cost line
Which claims are comprehensible, excessive, negotiable or to be rejected.
Cease-and-desist strategy
Whether no declaration, a modified declaration, a settlement or another response is more appropriate.
Implementation plan
Which content, processes, ads, listings or documents need to be adjusted and secured internally.
Escalation route
Whether a protective letter, a defence against a preliminary injunction or settlement negotiations should be prepared.
Preparation
Which documents help with the review?
The better the facts are documented, the faster we can distinguish between a justified risk, an excessive claim and a tactical warning letter.
The letter
- Warning letter with enclosures We review the allegation, deadline, claims, claimant and draft undertaking together.
- Draft cease-and-desist declaration Scope, contractual penalty, admissions, information and future obligations determine the follow-on risk.
- Previous communication Replies, platform reports, notes of conversations or letters from the other side can strengthen or limit the defence.
Your company
- Content or offers concerned Links, screenshots, shop pages, ads, posts or platform listings show the specific point of attack.
- Contracts, licences and approvals Chains of rights, agency contracts, trademark documents, content licences or advertising approvals can refute or limit the allegation.
- Internal impact What matters is whether products would go offline, campaigns be stopped, listings changed or sales processes adjusted.
Legal basis
What does the law require of a warning letter?
In competition law, the party entitled to the claim should issue a warning letter before court proceedings and give an opportunity to settle the dispute by means of a cease-and-desist declaration with a penalty clause. This is governed by Section 13(1) UWG.
Under Section 13(2) UWG, the warning letter must clearly state, among other things, the party issuing it, its entitlement, the infringement and the calculation of costs. If this is missing, a claim to reimbursement of costs may lapse.
For certain infringements in online retail and data protection, competitors cannot claim reimbursement of expenses under Section 13(4) UWG. If a warning letter is unjustified, the party warned can claim its own defence costs under Section 13(5) UWG.
Abusive warning letters are inadmissible under Section 8c UWG. For the contractual penalty, Section 13a UWG sets out criteria, and an unreasonably high penalty is only owed in a reasonable amount.
For copyright infringements, Section 97a UrhG contains its own requirements for warning letters. A protective letter against expected urgent applications can be filed in the central register under Section 945a ZPO.
Sources
- Section 13 UWG: warning letter, cease-and-desist obligation, liability Content of the warning letter, reimbursement of expenses and counterclaim in the event of an unjustified warning letter.
- Section 13a UWG: contractual penalty Criteria for a reasonable contractual penalty and limitation of unreasonably high penalties.
- Section 8c UWG: abusive assertion When a warning letter is deemed abusive in case of doubt.
- Section 97a UrhG: warning letters in copyright law Requirements for copyright warning letters and reimbursement of costs.
- Section 945a ZPO: register of protective letters Central register for preventive defence briefs against expected urgent applications.
Limits
When do we advise a different line?
We tell you openly if an allegation is justified. Then the aim is to limit the consequences. Prolonging the conflict does not help you in that case.
- 1
Clear infringement
If the allegation is justified and the evidence is clear, in our experience a narrowly worded declaration is often more economical than a rejection.
- 2
Deadline already expired
If the deadline has expired or an injunction has been served, the work shifts to the defence in the proceedings.
- 3
No urgent case
If there is no warning letter, industrial property protection or IT law is the more suitable starting point.
What can make a warning letter unnecessarily expensive
- The enclosed cease-and-desist declaration is signed without review.
- Warning letter costs are paid without reviewing the value in dispute, the claim and the calculation.
- Web pages, ads, posts or listings are deleted before evidence has been secured.
- Internal teams change content without coordinating later compliance with the undertaking.
- The deadline is ignored even though urgent proceedings are likely.
- The declaration covers products, channels, advertising claims or content that are only marginally related to the specific allegation.
Your contact
Jean Paul Bohne, LL.M., MM, CIPP/E, CIPM
Rechtsanwalt (lawyer) and mediator · Partner · Fachanwalt für IT-Recht (IT law) · Fachanwalt für Urheber- und Medienrecht (copyright and media law)
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
TOP Anwalt 2027 · business lawyers · industrial property protection
F.A.Z.-Institut and QuantiQuest. Based on recommendations from fellow lawyers and assessments by in-house counsel. Source (opens in a new tab)
ReviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.
What clients say
5,0 von 5 · 71 Bewertungen auf anwalt.dePeriod: October 2018 to date · As of: 28 October 2026
“The law firm ITMR Rechtsanwälte (Mr Jean Paul Bohne) advised me very competently and acted very well on my behalf. Mr Bohne took a lot of time for the consultation and explained everything well. …” (translated from German)
“Mr Bohne helped me quickly and competently with a matter in the film industry. Clear communication and helpful advice – highly recommended!” (translated from German)
“Mr Bohne has advised me very competently and professionally several times in cases involving copyright warning letters. I always felt I was in good hands.” (translated from German)
FAQ
Frequently asked questions after receiving a warning letter
Do I have to sign the enclosed cease-and-desist declaration?
No. A cease-and-desist declaration should only be given after review. The other side’s draft may go too far, contain unnecessary admissions or create later risks of contractual penalties.
What happens if I do not respond to a warning letter?
Inaction can increase the risk of a preliminary injunction, a lawsuit or further costs. Even with doubtful allegations, the deadline should be monitored and a response prepared.
Can a warning letter be entirely unjustified?
Yes. A warning letter can be unjustified if the claimant has no standing to issue it, the infringement has not occurred, the evidence is insufficient or the claim appears abusive.
When does a modified cease-and-desist declaration make sense?
It can make sense if there is a risk of having to cease the conduct, but the other side’s draft is too broad. The aim is a declaration that limits the specific risk and avoids future contractual penalty traps.
Should the content concerned be deleted immediately?
Not without securing it first. Web pages, ads, posts, listings, product pages or campaign states should be documented first. Otherwise evidence of context, timing and actual design will be missing later.
What costs can arise from a warning letter?
Typical costs are warning letter costs, your own review costs, possible claims for information or damages and, in the event of escalation, court or settlement costs. The amount depends on the area of law, value in dispute, entitlement and the response chosen.
Are we also the right contacts for trademark, copyright or data protection warning letters?
Yes, if a warning letter has been received and a response line is needed. Depending on the allegation, the in-depth work is done via trademark law, copyright law, data protection law, competition law or media law.
What do we need for a quick assessment?
Helpful items are the warning letter, enclosures, deadline, draft cease-and-desist declaration, links or content concerned, screenshots, contracts, licences, approvals and a short description of the economic impact.
What is a protective letter (Schutzschrift)?
A protective letter is a preventive defence brief against an expected application for a preliminary injunction. It is filed in the central register of protective letters and is then deemed to have been submitted to all ordinary courts of the federal states.
Next step
Have the warning letter reviewed before the deadline decides
Send us the warning letter, enclosures, deadline and draft cease-and-desist declaration. We clarify which response limits the conflict without binding your company to an overly broad commitment.
This helps us with the first review
- Warning letter with all enclosures
- Draft cease-and-desist declaration
- Deadline and date of receipt
- Links, screenshots or content concerned
- Contracts, licences and approvals
- Short description of the economic impact
A warning letter is only settled when the claim, declaration, costs and implementation fit together. Anyone who only removes the current pressure but accepts an overly broad undertaking shifts the risk into the future.
Have the warning letter reviewed
Upload the warning letter, enclosures and deadline.
Helpful items are the warning letter, enclosures, deadline, draft cease-and-desist declaration and the links or content concerned.
Related services
Competition law For advertising, price information, newsletters, reviews, product claims and e-commerce.Trademark law For trademarks, logos, product names, domains and conflicting signs.Copyright law For photos, texts, music, videos, software, designs and licence chains.Data protection law For tracking, consents, privacy notices and data flows.Preliminary injunction When the warning letter has turned into an application or a served injunction.Industrial property protection For IP rights, market presence, product copies and IP strategy without an urgent warning letter.IT law and digitalisation For digital business models, platforms, apps, SaaS and software contracts.Media and communications law For publications, press, social media, reputation and personality rights.Trademark action received If you are being sued.Filesharing Review a filesharing allegation.
From our blog (in German): Warning letter risk check for online shops · Warning letter emergency mode · TikTok music warning letter · BFSG 2026