5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity.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
Preliminary injunction and cease-and-desist declaration
The wording comes first.
Has an injunction been served, is a declaration awaiting signature, or does an infringement need to be stopped? We review the claim, urgency, the core of the prohibition and costs and decide on the route with you.
The first contact is free of charge. Before anything becomes chargeable, we tell you explicitly.
Response on working days within 24 hoursOnly received a warning letter? Go to the defence page
Stand: 23.10.2026
ManagementToday, 09:12
The injunction was served today. Do we have to stop the campaign completely now?
Marketing09:15
The ads are still running, and two retailers use the claim in their listings.
Sales09:20
Should we file an objection and carry on in the meantime?
Review point: what exactly the operative part prohibits and who has to stop internally
- 1Record the situationOperative part, deadlines, enclosures, channels
- 2Review the prohibitionComply, object, settle
- 3Implement the routeThe court decides whether it stands
Schematic illustration of a typical situation after service. Names and content are simplified. An objection does not replace compliance with the prohibition.
We support urgent proceedings in
- Competition law
- Trademark law
- Copyright law
- Press law
- Platform cases
What should you do right now?
- Comply with a prohibition that has been served immediately, even if you think it is wrong. Infringements can lead to a coercive fine or coercive detention. Section 890 ZPO
- Note the day of service and keep the envelope and enclosures.
- Check where the content objected to still appears, for example on your website, shop, social media or at retailers.
Key points in brief
- For a preliminary injunction or cease-and-desist declaration, we at ITMR review the claim, urgency, the core of the prohibition, the contractual penalty and costs and decide on the route with you.
- A declaration with a penalty clause can avoid a court dispute, but it can also create a permanent contractual penalty risk if it goes further than the allegation.
- An injunction that has been served must be complied with, even if you want to file an objection.
- Whether an injunction is issued or upheld is decided by the court.
- 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.
- Preliminary injunction
- An urgent court decision that provisionally secures a claim.
- Cease-and-desist declaration
- A declaration to refrain from a certain conduct in future, usually secured by a contractual penalty.
Acute cease-and-desist situation
Does an infringement need to be stopped or an attack fended off?
A cease-and-desist situation leaves little time. A post stays online, a campaign is running, a listing infringes rights, a warning letter sets a deadline or a preliminary injunction has been served.
In our experience, cease-and-desist cases rarely tip over a single legal question.
They become critical when deadlines, publication, platform dynamics, contractual penalties, coercive measures, evidence and operational implementation all have to be decided at the same time. Then the question is not only whether a claim exists. We review which response holds up legally, makes economic sense and can be implemented operationally.
We support companies, rights holders, agencies, platform operators, media players and public figures. This ranges from preserving evidence, warning letters and cease-and-desist declarations to protective letters, applications for injunctions, objections and final declarations.
In our experience, advice rarely becomes relevant because of abstract cease-and-desist questions. It becomes relevant when an event has an impact and the next decision has noticeable economic consequences.
- Enforcement
- A post, listing, claim, image, sign, account or retailer conduct is to be prohibited, deleted or frozen at short notice.
- Defence
- A warning letter, cease-and-desist declaration or preliminary injunction has been received. Now the scope of the prohibition, deadlines, costs and the response route count.
- Risk
- Contractual penalties, coercive fines, final declarations, main proceedings or internal implementation must not be decided in passing.
A cease-and-desist declaration is awaiting signature. In our experience, the draft is often broader than the specific allegation. Anyone who signs hastily then binds themselves for longer and more strictly than necessary to resolve the conflict.
A preliminary injunction has been served. From service, operational implementation counts. Marketing, sales, shop, platform team, PR and management must know what has to be stopped and which route of attack remains open.
A competitor, media outlet or account continues the infringement. Then a general lawyer’s letter is usually not enough. Evidence, application, core of the prohibition and urgency must be prepared so that the case remains robust in urgent proceedings.
Platforms, search results or campaigns amplify the damage. Screenshots, URLs, timestamps, account data, ad states, product feeds and communication histories must be secured.
Contractual penalties or coercive measures are at stake. After a declaration with a penalty clause or an injunction, implementation becomes a risk issue of its own. Essentially identical infringements, old stock, caches, retailers, agencies and platform copies must not be overlooked.
A settlement should relieve pressure but must not become a trap. A settlement, modified declaration, final declaration or cost solution can make sense if the text remains manageable later.
Understand first, then sign
A declaration should not be signed out of fear of urgent proceedings. It should only be given once the claim, scope, risk and implementation have been carefully assessed. The decision is yours.
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 deadlines are running, please state the date of service and the deadline directly in your message.
01
Record the situation
You send us the warning letter, draft cease-and-desist declaration, injunction, locations, screenshots or publications. We organise deadlines, service, parties, channels concerned and enclosures.
- Service
- check date
- Deadline
- noted
- Enclosures
- complete?
02
Review the prohibition
We assess the claim, urgency, evidence and the scope of the prohibition. In doing so, we clarify which facts must be secured and how the core of the infringement can be defined precisely.
- Claimrobust
- Prohibitiontoo broad
03
Implement the route
We treat signing, modifying, rejecting, a protective letter, an application for an injunction, an objection or a settlement as a tactical sequence. We tell you the costs and risks of each option before you decide. We draft manageable cease-and-desist obligations or the application with robust prima facie evidence. We include the website, shop, social media, retailers, agencies, archives, ads and product data in the implementation.
Scope of services
What is included in the package?
Service package: preliminary injunction
Record the acute situation
We organise deadlines, service, publication status, claimant, respondent, channels concerned, enclosures and previous communication.
Review claim and urgency
We review the legal basis of the claim, standing to sue, the infringing act, risk of repetition or first infringement, defences, provability and urgency.
Review or draft the cease-and-desist declaration
We review the wording, essentially identical acts, contractual penalty and liability for service providers and retailers and, if necessary, negotiate a modified declaration.
Protective letter or application for an injunction
We prepare a protective letter or an application for an injunction with a precise core of the prohibition and prima facie evidence.
Objection to an injunction
We review the operative part, enclosures and points of attack and, if necessary, file an objection or an objection limited to costs.
Implementation plan
We translate the prohibition into an internal plan for teams, service providers, platforms, retailers and archives.
- For whom
- Companies, rights holders, agencies, platform operators, media players and public figures
- Directions
- Enforcing your own claims and fending off cease-and-desist attacks
- 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.
- Not included in the package
- Main proceedings, applications for coercive measures and enforcement, as well as platform reports. This is a separate service, on request and as needed.
Who provides what and who decides
What you provide
- Injunction, declaration or warning letter with enclosures
- Date of service and deadlines
- Locations, screenshots, test purchases
- Contacts in marketing, shop and sales
What we take care of
- Review of claim, urgency and core of the prohibition
- Text of the declaration or application
- Protective letter or objection
- Plan for internal implementation
Who decides
- You, whether to sign, modify or dispute
- Your management, on firmness, settlement or escalation
- The court, on issuing and upholding the injunction
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, deadline plan and draft declaration or letter. We only start after you have agreed.
- 3
Court action separately
Court proceedings, such as an application for an injunction or an objection with an oral hearing, are not part of the package. We agree these steps separately.
First line of review
Which four decisions determine the case?
We clarify these four questions first, regardless of whether you are enforcing or defending.
Is there a robust claim for injunctive relief?
The legal basis of the claim, standing to sue, the infringing act, risk of repetition or first infringement, defences and provability must be reviewed.
Is interim relief sensible or risky?
Urgency, prima facie evidence, jurisdiction, the sharpness of the application, cost risk and enforcement issues decide whether a preliminary injunction is the right instrument.
How far may the core of the prohibition reach?
An application that is too narrow falls short. An application that is too broad can fail or later be almost impossible to manage operationally. The specific core of the statement, sign, advertising or use must be defined precisely.
Which implementation is realistic internally?
In our experience, cease-and-desist obligations often affect the website, shop, ads, social media, retailers, agencies, archives, newsletters, product data and marketplace listings. The legal line must fit operational reality.
Two directions
Apply for an injunction or fend off a cease-and-desist attack?
Enforcement does not start with maximum pressure but with robust preparation. In defence, the fastest response is not always the best.
| Criterion | If you are enforcing | If you are being attacked |
|---|---|---|
| First | Secure evidence – locations, screenshots, test purchases, register data, publication times, communication histories | Check deadline and service: warning letter, injunction, order, application, enclosures, final letter |
| Then | Review the claim – competition, trademark, copyright, media or personality rights, IT or platform reference | Understand the prohibition – what exactly is prohibited, which variants are covered, what has to be stopped? |
| Route | Choose the escalation – warning letter, cease-and-desist declaration, preliminary injunction, lawsuit or a combination | Choose the response – rejection, modified declaration, protective letter, objection, objection limited to costs, settlement, application for annulment |
| Sharpen | Sharpen the application – core of the prohibition, essentially identical acts, responsibility, jurisdiction, prima facie evidence | Steer implementation – teams, service providers, platforms, retailers, agencies, archives, ads and product data |
| Risk | The prohibition applied for must remain enforceable later | An unreviewed declaration shifts the conflict into a contractual penalty risk; an ignored injunction can trigger coercive measures |
Urgent proceedings
When is a preliminary injunction the right instrument?
A preliminary injunction is relevant when dissemination, market confusion, reputational damage, campaign effects or an infringement of IP rights must be stopped at short notice. The focus is on urgency, prima facie evidence, drafting the application and enforcement.
| Review point | Why it matters | Typical mistake |
|---|---|---|
| Claim for an injunction | The substantive claim must be robust, for example under competition, trademark, copyright or personality rights law or a contractual protective position. | Thinking only legally, not operationally. Injunctive relief must work in teams, systems and chains of service providers. |
| Ground for an injunction | The procedure requires urgency. Anyone who waits too long or acts unclearly weakens the urgent application. | Hesitating too long because internal coordination comes first. |
| Prima facie evidence | Evidence must be usable quickly: screenshots, affidavits, test purchases, register extracts, publication states. | Securing evidence too late. Deleted posts, changed listings or missing timestamps weaken the case. |
| Drafting the application | The application must hit the core of the infringement without becoming impermissibly broad or practically unenforceable. | Filing overly broad applications that exceed the core or are not sufficiently specific. |
| Enforcement and implementation | An injunction that has been issued must be properly served, complied with and used enforceably in the event of infringements. | Ignoring the injunction. An objection does not replace compliance with the prohibition. |
| Final phase | The final letter, main proceedings, settlement and decision on costs shape whether the urgent case is over. | Underestimating the final phase and leaving open questions on costs or the main proceedings unresolved. |
Cease-and-desist declaration
Why does the wording matter more than the first dispute?
The critical point lies in the wording: what is prohibited, which essentially identical acts are covered, when does the contractual penalty arise, who is liable for service providers or retailers and how is the infringement prevented organisationally?
Text too broad
The draft prohibits more than the specific act and binds future campaigns, products or forms of communication unnecessarily strongly.
Unclear contractual penalty
Fixed amounts, unclear triggers or a lack of limitation can increase economic pressure after the first agreement.
Lack of implementation
Anyone who gives a declaration but does not control the shop, ads, platforms, agencies, retailers or archives risks follow-on conflicts.
Signing hastily
A pre-drafted declaration can go further than the claim. The dispute over the infringement then turns into a dispute over contractual penalties and implementation.
Once given, a declaration cannot be freely changed unilaterally. Subsequent corrections are usually much more difficult than drafting it properly before it is given.
Legal framework
Which provisions apply in cease-and-desist and urgent proceedings?
The specific claim depends on the area of law. In civil law, the procedural framework for urgent proceedings follows mainly the German Code of Civil Procedure (ZPO). For competition, trademark and copyright conflicts, the special statutes are added. The basis is mainly Sections 935 and 940 ZPO.
An objection can be filed against an injunction issued by court order without a hearing. The objection does not suspend enforcement. Anyone who breaches a court injunction risks coercive measures. Under Section 890 ZPO, a coercive fine or coercive detention can be imposed.
Sources
- Section 935 ZPO: preliminary injunction regarding the subject matter of the dispute Starting point for protective constellations in interim relief.
- Section 940 ZPO: regulation of an interim situation Provisional regulation to avert substantial disadvantages.
- Section 920 ZPO: application for attachment and prima facie evidence Prima facie evidence of the claim and the ground for urgency.
- Section 924 ZPO: objection Response to an injunction issued by court order.
- Section 890 ZPO: enforcement of cease-and-desist obligations Coercive measures for breaches of a court injunction.
- Section 13 UWG: warning letter and cease-and-desist obligation Warning letters under competition law and out-of-court dispute resolution.
- Section 14 MarkenG: injunctive relief for trademark infringement Injunctive relief and damages under trademark law.
- Section 97 UrhG: injunctive relief and damages Images, texts, music, videos, software and other works.
Benefits and limits
What can legal support achieve here?
Good advice in cease-and-desist situations combines substantive law, procedural law, evidence, economic risk management and internal feasibility. There are some things it cannot replace.
- 1
Technical implementation
Internal implementation on platforms, shops, ads and data feeds is up to your teams. We tell you what has to be stopped.
- 2
Securing the facts
The facts cannot be fully secured without the help of your specialist departments.
- 3
Judicial decision
No one can predict how a court will decide in urgent proceedings.
- 4
Unclear facts
If the facts are unclear or incomplete, the legal assessment also remains provisional.
- 5
Business decision
Your management decides on firmness, settlement or escalation.
What we clarify first
- Which act exactly is to be attacked or prohibited.
- Whether the claim is justified on the merits.
- Whether a cease-and-desist declaration is sensible, too broad or tactically dangerous.
- Whether a protective letter, an objection or an urgent application should be prepared.
- How the prohibition can be implemented internally without new infringements.
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
“Mr Bohne always advised me competently and comprehensibly regarding a copyright warning letter. I never had the feeling of being ‘talked into’ anything; instead I always knew what options I had and could choose freely among them.” (translated from German)
“Super competent and friendly law firm and lawyers, especially Mr Bohne.” (translated from German)
“I had problems with a warning letter. Mr Bohne took the time to understand my situation and my goals precisely. He implemented my goals entirely according to my wishes. My satisfaction always came before his fee. …” (translated from German)
FAQ
Questions about preliminary injunctions and cease-and-desist declarations
Should a pre-drafted cease-and-desist declaration be signed straight away?
No. Before signing, the claim, scope, contractual penalty, essentially identical acts and practical feasibility should be reviewed. An overly broad declaration can shift the conflict into a permanent contractual penalty risk.
What should be done first when a preliminary injunction has been served?
First we review service, the operative part, enclosures, deadlines and specific prohibitions. At the same time, you clarify internally which content, products, posts, ads, listings or communication measures are affected.
We explain why urgency and a prior warning letter decide the urgent application in our article (in German) Warning letter and preliminary injunction.
Does an objection stop the effect of the preliminary injunction?
No. An objection does not mean that the prohibition may be ignored until the decision. As long as the injunction is in effect, it must be complied with unless there is a different court decision.
When does a protective letter make sense?
A protective letter comes into consideration when an urgent application by the other side is to be expected and your own defence should be made known to the court early. It makes sense above all where there are robust defences, a lack of urgency or an overly broad claim.
When is a preliminary injunction better than another warning letter?
If an infringement continues, evidence has been secured and further waiting increases the damage, interim relief can be the stronger route. This depends on urgency, the evidence, the claim and the cost risk.
Which documents are helpful for a quick review?
Helpful items are the warning letter, cease-and-desist declaration, injunction, application, enclosures, screenshots, URLs, times, test purchases, register data, previous communication and a short description of the decision that is due.
Can a cease-and-desist declaration be changed afterwards?
Once given, a declaration cannot be freely changed unilaterally. That is why we review the text in advance and, if necessary, negotiate a modified version.
Is this service also relevant for public figures?
Yes, if publications, images, statements, fake profiles, doxxing, hate speech or defamatory content must be stopped at short notice. Media law, personality rights, platform communication and interim relief then come together.
What happens after the urgent proceedings?
This can be followed by a final letter, final declaration, main proceedings, settlement, enforcement or defence against contractual penalties. We clarify with you early which follow-up strategy makes sense. Main proceedings and enforcement are a separate service.
Next step
Assess the cease-and-desist situation in a structured way
When a deadline, publication, injunction, cease-and-desist declaration or contractual penalty is at stake, the first review should not stop at the legal question. It is about the route: sign, modify, reject, secure, apply, object or settle.
This helps us with the first review
- Warning letter, injunction or draft cease-and-desist declaration
- Content, locations, platforms, products, claims or signs concerned
- Deadline, date of service and previous communication
- A short note on whether you want to enforce or defend
In acute situations with several fronts, we bundle deadlines, priorities and first measures in a joint overview.
Assess the cease-and-desist situation
Upload the injunction, declaration or warning letter and state the deadline and date of service.
Please state the date of service and the deadline and whether you want to enforce or defend.
Related services
Competition law Unfair competition (UWG) conflicts around advertising, price information, reviews and product claims.Trademark law Signs, names, logos, domains, listings and trademark infringements.Press law Articles, picture reporting, counter-statements and injunctions under the law on statements.Copyright law Photos, texts, videos, music, software and licence conflicts.Procedural law and litigation PR Litigation strategy, lawsuits, appeals and communication support.Defending against warning letters If a warning letter is the main issue and no injunction has yet been served.Industrial property protection Trademarks, design, competition and product imitation.Media and communications law Publication-related and reputation-related conflicts.Trademark action after a warning letter If the infringement continues.
From our blog (in German): Warning letter and preliminary injunction · Flying jurisdiction