5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity.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
Have a warning letter sent
The warning letter is not the goal. It is the means.
For companies and rights holders, we review whether a warning letter is legally justified. We secure evidence, word the cease-and-desist, deadline and costs precisely and send the warning letter to the infringer.
Please enter a short description first.
The first contact is free of charge. Before any costs arise, we will tell you explicitly.
Response on working days within 24 hoursReceived a warning letter? Go to the defence page
Stand: 23.10.2026
Clarified before sending?2 of 6
- Ownership of rights provenRegister extract availableAvailable
- Infringement secured with date and URLAvailable
- Correct addressee identifiedSeller or platform?Check
- Cease-and-desist narrowly wordedCheck
- Cost position assessedMissing
- Response line if rejectedMissing
Review point: addressee and scope of the cease-and-desist before sending
- 1Secure the infringementLocations, rights, evidence
- 2Review the claimDemand, deadline, costs
- 3Send the warning letterThe other side decides how to respond
Schematic illustration of a pre-check. Whether the other side gives a cease-and-desist declaration is up to them or, in a dispute, a court.
We enforce rights in
- Trademark law
- Copyright law
- Competition law
- Media law
- Data protection law
Key points in brief
- If you have a warning letter sent, we at ITMR review the rights position, evidence, addressee, demand and deadline and send the warning letter to the infringer.
- A warning letter is strong if it hits the infringement precisely, moves the other side to cease and desist and keeps the route to a settlement or urgent proceedings open.
- In our experience, a standard letter is rarely enough, because details such as the chain of rights, the opponent’s role and the scope of the cease-and-desist decide costs and enforceability.
- Whether the other side gives the cease-and-desist declaration is up to them.
- 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.
- Preliminary injunction
- An urgent court decision that provisionally secures a claim.
Acute occasion
When is a warning letter an option?
A trademark is being used, a competitor copies your presence, content appears without permission or a platform listing harms your position. In our advisory practice, the first reaction then often decides speed, costs and negotiating pressure.
A warning letter makes sense if an infringement has a commercial impact and is not merely annoying.
Visibility shifts, content is exploited, a sign is taken advantage of, a campaign continues or a competitor gains market share with an unlawful advantage. In such situations, what counts is not the loudest letter but a properly prepared response.
A warning letter can be the right means. But this only applies if the claim, evidence, demand and escalation are prepared before sending. Our goal is a response that has a commercial effect and does not become unnecessarily vulnerable legally. A standard letter does not achieve that.
Many warning letters fail not because of the claimant’s indignation but because of details. Typical are unclear ownership of rights, missing screenshots, the wrong opponent, an overly broad cease-and-desist, a doubtful cost demand or a deadline that does not match one’s own urgency.
- What has happened?
- An infringement of a trademark, copyright, competition law, personality rights or data protection with a commercial impact
- What is demanded?
- Cease-and-desist and, depending on the case, information, damages, reimbursement of costs, deletion or correction
- Who is the addressee?
- Infringer, seller, agency, host, platform or company, depending on the role in the infringement
- How urgent?
- Ongoing campaigns and platform dynamics increase the damage every day
A sign, name or trademark is being used. A third party uses a logo, product name, domain, ad, seller listing or a similar sign and thereby exploits your recognition in the market.
Content appears without permission. Photos, texts, videos, music, software, designs or campaign elements are copied, embedded, duplicated or commercially exploited.
Competitors distort the comparison. Misleading claims, price information, fake scarcity, presentation of reviews, imitation or impermissible advertising approaches affect demand and sales.
Platforms accelerate the damage. Amazon, eBay, app stores, search ads, social media or seller networks spread the infringement faster than traditional correspondence can catch it.
Reputation or exploitation suffers. False statements, unauthorised publications, fake profiles or third-party use of your own work hit revenue, brand, negotiating power or public perception.
The next measure is unclear. A warning letter, platform report, settlement, preliminary injunction or lawsuit must be sorted by speed, costs, provability and effect.
Review first, then send
A standard letter can name an infringement. But it does not decide whether the demand will later hold up in court, whether costs will be reimbursed and whether the matter remains manageable if the other side fights back. That is why our work begins before sending.
How it works
How does the warning letter work in three steps?
After your enquiry, we get back to you on working days within 24 hours. Besides the facts, what counts is how they can be proven.
01
Secure the infringement
Send us locations, screenshots, links, register data, contracts, proof of licences, listings, ads or communication from the other side.
- Screenshots with dateavailable
- Register extractavailable
- Licence chainincomplete
02
Review the claim
We assess the rights position, opponent, evidence, urgency, cost risk and goal of the measure. We clarify whether a warning letter is sufficient or another route is more appropriate. We word the cease-and-desist goal so that it covers the specific infringement. We arrange the deadline, cost position, information and damages in a sensible order.
- Rights position
- proven
- Addressee
- check seller
- Urgency
- high
03
Send a warning letter
We send the lawyer’s warning letter with a precise allegation, a clear deadline and a prepared response line. This creates pressure without damaging the next stage.
How long does it take? We complete most steps within a few working days. How fast it goes depends on the scope and on your feedback. Do you have a fixed date, such as a deadline? Tell us right away in your enquiry and we will plan for it.
Scope of services
What does the package include?
Service package: send a warning letter
Claim and entitlement
We clarify who may assert the claim and which infringement is the strongest point of attack.
Evidence and locations
We secure screenshots with date, URL, context and accessibility and review register data, chains of rights, licences, contracts and approvals.
Addressee
We determine against whom the warning letter is directed: infringer, seller, agency, host or company.
Demand and deadline
We word the cease-and-desist, information, damages, reimbursement of costs, deletion or correction so that they match the infringement. We set the deadline according to urgency and the opponent’s structure.
Cost position
We assess whether reimbursement of costs can be demanded and what counter-risk arises if the warning letter is challenged.
Letter and dispatch
We draft the lawyer’s warning letter with a pre-drafted cease-and-desist declaration and send it to the infringer.
Response plan
We plan in advance how we will respond to rejection, partial submission, a modified declaration or silence and set the scope for a settlement.
- Areas of law
- Trademark law, copyright law, competition law, media law, data protection law
- For whom
- Companies, rights holders, brand managers, agencies, platform players and professional market participants
- First response
- on working days within 24 hours
- Initial contact
- free of charge, to clarify the topic, responsibility and next step
- Costs
- We inform you explicitly in advance. Only then do you decide.
- Result
- Picture of the infringement, evidence package, direction of the claim, demand, letter and plan for the next step
- Not included in the package
- Platform report, takedown, preliminary injunction and lawsuit. This is a separate service, on request and as needed.
Who provides what and who decides
What you provide
- Locations, links and screenshots
- Register data, licences and contracts
- Short description of the commercial significance
- Previous communication with the other side
What we take care of
- Review of claim, entitlement and addressee
- Preservation of evidence and documentation
- Demand, deadline and cost position
- Warning letter, cease-and-desist declaration and dispatch
Who decides
- You, whether and with what goal a warning letter is sent
- The other side, whether it submits
- In a dispute, the competent court
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 warning letter and deadline monitoring. We only start after your approval.
- 3
Court action separately
A preliminary injunction, a lawsuit and representation in court are not part of the package. We agree these steps separately if the other side does not respond.
Case groups
Which infringements can be the subject of a warning letter?
The warning letter is the operational step. What needs to be checked before sending depends on the right infringed and the channel.
| Case group | Typical infringements | What matters |
|---|---|---|
| Trademarks and signs | Trademarks, logos, company names, domains, product names, search ads, platform listings | Scope of protection, use, likelihood of confusion, similarity of goods and services, specific form of infringement |
| Copyright and content | Photos, texts, music, videos, software, designs, campaigns, editorial content | Protectability, chain of rights, licence situation, accessibility, duration of use, possible calculation of damages |
| Competition and advertising | False claims, price or availability statements, direct marketing, imitation, review manipulation, missing mandatory information, comparative advertising | Market reference, competitor status, evidence, reasonableness of the cease-and-desist demanded |
| Media and reputation | Untrue statements of fact, unlawful use of images, fake profiles, reputational attacks, social media posts | Commercial impact, fact or opinion, depending on the case also a fast platform or urgent route |
| Platforms and marketplaces | Listings, seller offers, product data, app store presences, ads, reviews, social commerce content | Infringement and technical countermeasures at the same time |
| Data protection and digital interfaces | Tracking, CRM, advertising, platform communication, use of data | Several routes to a claim; the chosen direction must match the goal |
Pre-check
What must be clarified before sending?
We go through these points with you before the other side is warned.
Checking the claim and entitlement
- Who may assert the claim?
- Which infringement is the strongest point of attack?
- Against whom is the warning letter directed? Infringer, seller, platform, agency, host or company.
- Which demands come into question? Cease-and-desist, information, damages, reimbursement of costs, deletion or correction.
Securing evidence and locations
- Secure screenshots with date, URL, context and accessibility
- Review register data, chains of rights, licences, contracts and approvals
- Document shop versions, ads and listings Also newsletters, campaigns or social media posts.
- Avoid loss of evidence before the other side is warned
Demand, deadline and response
- Tailor the cease-and-desist goal to the specific infringement
- Set the deadline according to urgency Take into account the opponent’s structure and possible urgent proceedings.
- Assess the cost demand commercially and legally
- Do not mix information, damages and deletion too early
- Plan for the other side’s response Rejection, partial submission, a modified declaration or silence.
- Think through urgent proceedings or a lawsuit before the deadline expires
Warning letter or alternative
Which measure fits my case?
The warning letter is not always the fastest route. We sort the options by speed, costs, provability and effect.
| Criterion | Warning letter | Platform report | Preliminary injunction |
|---|---|---|---|
| Suitable if | the infringement can be clearly proven and a letter creates enough pressure | a marketplace, host, social media platform or app store can quickly block the infringement | the infringement continues, a launch is imminent or the other side is unlikely to respond |
| Strength | Cease-and-desist out of court, with cost position and room for settlement | Technical block more important than correspondence | Court protection within a short time |
| Limit | Only works if the other side moves | Does not achieve a cease-and-desist, information or costs | Requires urgency, which can be lost through hesitation |
| In the package | Yes | Separate service, on request | Separate service, on request |
A settlement fits if cease-and-desist, information, costs, licence, future use or the business relationship are to be resolved together. A lawsuit fits if information, damages, questions of principle or permanent enforcement cannot be resolved out of court. No letter yet fits if evidence, the chain of rights, the opponent’s role or the goal still need to be clarified.
Result
What is established after your review?
At the end, you have more than a draft text. You know which infringement is being challenged, why the claim exists, what exactly is demanded and what happens if the other side does not give in.
Picture of the infringement
Specific description of the act, locations, parties involved and commercial significance.
Evidence package
Secured screenshots, links, documents, register data, contracts, licences and states of communication.
Direction of the claim
Assessment of the strongest basis and distinction from weaker side issues.
Demand
Cease-and-desist, deletion, information, costs, damages or other obligations to act, in a sensible order.
Letter
Lawyer’s warning letter with a precise allegation, a clear deadline and a prepared response line.
Next step
Plan for rejection, submission, negotiation or a court route.
Legal basis
What does the law require of a warning letter?
In competition law, the party entitled to the claim should send a warning letter before court proceedings and give the opportunity to settle the dispute by a cease-and-desist declaration backed by a penalty. This is governed by Section 13(1) UWG.
Under Section 13(2) UWG, the warning letter must state clearly and comprehensibly who is sending it, why they are entitled, which infringement exists and how reimbursement of expenses is calculated.
If a warning letter is unjustified or does not meet these requirements, the recipient can demand reimbursement of their defence costs under Section 13(5) UWG. Abusive warning letters are impermissible under Section 8c UWG.
For copyright infringements, Section 97a UrhG sets its own requirements for content and reimbursement of costs. In trademark law, cease-and-desist and damages follow from Section 14 MarkenG.
Sources
- Section 13 UWG: warning letter, cease-and-desist obligation, liability (in German) Content of the warning letter, reimbursement of expenses and counterclaim in the case of an unjustified warning letter.
- Section 8c UWG: abusive assertion (in German) When the assertion of claims is abusive.
- Section 97a UrhG: warning letter (in German) Requirements for copyright warning letters and reimbursement of costs.
- Section 14 MarkenG: exclusive right of the proprietor (in German) Cease-and-desist and damages claims in the case of trademark infringement.
Limits
When does more work need to be done before a warning letter?
We tell you openly if the case is not yet ready to send. A weak warning letter gives the other side points of attack.
- 1
Evidence is missing
The infringement is only known from accounts but has not yet been properly documented.
- 2
Gaps in the chain of rights
Your own chain of rights is incomplete or only exists in old emails, offers or drafts.
- 3
Opponent unclear
A seller, platform, agency, group structure or hosting service is involved, and the correct addressee has not yet been determined.
- 4
Matter very urgent
The matter is so urgent that urgent proceedings must be prepared first. This is a separate service.
- 5
Several countries or channels
The conflict concerns several countries, platforms or sales channels and needs prioritisation first.
When it gets unnecessarily expensive
- The warning letter is sent without a secured rights position.
- The evidence package is missing, and the other side immediately finds counter-attacks.
- The demand is excessive or much broader than the specific infringement.
- The desired cease-and-desist would hardly be feasible in practice.
- The wrong addressee receives the warning letter.
- The cost question is more important than enforcement itself and was not sorted out commercially in advance.
Your contact
Jean Paul Bohne, LL.M., MM, CIPP/E, CIPM
Rechtsanwalt (lawyer) and mediator · partner · Fachanwalt for IT law · Fachanwalt for copyright and media law
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
TOP Anwalt 2027 · business lawyers · intellectual property
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 represented me extremely competently in a warning letter case involving copyright infringement and filesharing. … The hearing before the Düsseldorf Regional Court also led to the dismissal of the lawsuit thanks to his written submissions in advance and his very confident appearance.” (translated from German)
“Regarding a filesharing warning letter from a well-known law firm in this field, Mr Bohne advised me comprehensively for a reasonable flat fee and successfully represented me out of court, reaching the compromise we were aiming for. …” (translated from German)
“The court hearing has since taken place and I won! Without Mr Bohne’s qualified support beforehand, I probably would not have been able to prove my innocence.” (translated from German)
FAQ
Questions before sending a warning letter
When should a company have a warning letter sent?
A warning letter is an option if a specific infringement can be proven, a cease-and-desist is to be demanded and the other side can be moved to respond out of court. Before sending, we review the claim, evidence, the opponent’s role, costs and the next step.
Which documents do we need for the initial review?
Helpful are screenshots with date, URLs, platform details, register data, contracts, proof of licences, chains of rights, communication from the other side, ads, listings and campaign material. Add a short description of the commercial significance.
Can a warning letter be sent at short notice?
Yes, if the infringement is documented and your own entitlement can be proven quickly. If the evidence is incomplete, we secure it first, before the other side is warned.
Is a lawyer’s warning letter cheaper than urgent proceedings?
In our experience often yes, but not always. If the infringement continues, a campaign is active or platform dynamics increase the damage, a fast court step can make more commercial sense than lengthy correspondence.
Which costs can be demanded from the other side?
That depends on the area of law, the claim, the amount in dispute, the scope and whether the warning letter is justified. Before sending, we check whether reimbursement of costs can be demanded and what counter-risk arises if the warning letter is challenged.
What happens if the other side rejects the warning letter?
Then we decide with you whether to renegotiate, adjust a cease-and-desist declaration, involve a platform, apply for a preliminary injunction or file a lawsuit. We prepare this response line before sending. Court steps are a separate service, on request and as needed.
Can a wrong warning letter harm the sender?
Yes. An unjustified, excessive or formally weak warning letter can trigger cost risks, weaken your own position and give the other side points of attack. That is why the review before the letter is decisive.
Does the service also fit Amazon, eBay, social media or app stores?
Yes. In platform cases, we also check whether a warning letter, a takedown, a notice, a platform process or urgent proceedings have the better effect.
What does as cost-effective as possible mean for a warning letter?
A cost-effective warning letter is not the cheapest template. What makes sense is an approach that challenges the infringement with reasonable effort, avoids unnecessary side issues and does not create open flanks. Costs remain predictable if the goal, opponent, claim, evidence and response route are clarified before sending.
We have received a warning letter ourselves. Are we in the right place?
This page is for claimants. If you have received a warning letter, deadlines, the cease-and-desist declaration, costs, rejection, settlement or defence are the priority. For that, our package Defend against a warning letter is the right starting point.
Next step
Submit the infringement and clarify the route to enforcement
When an infringement is visible, the first reaction should be on target. We review whether a warning letter creates the right pressure and which demands make sense.
For the initial assessment, the following is usually enough
- Locations, links and screenshots
- Register data of your own trademark or rights
- Contracts, proof of licences and chains of rights
- Platform details of listings or ads
- Previous communication with the other side
- A short description of why the infringement is commercially relevant
When a stronger step can be more cost-effective: when lost time, continued visibility or platform dynamics increase the damage and an urgent application takes effect faster than lengthy correspondence.
Have the infringement reviewed
Describe the infringement and upload locations or screenshots.
Helpful are locations, screenshots, register data, licences and a short description of the commercial significance.
Related services
Trademark law For trademark infringement, conflicts of signs, domains, search ads and seller structures.Copyright law For photos, texts, music, videos, software, designs, chains of rights and licences.Competition law For misleading advertising, price information, presentation of reviews and UWG conflicts.Media law For publications, reputational damage, social media, use of images and personality rights.Data protection law For GDPR-related conflicts, use of data, advertising approaches and interfaces with competition law.Preliminary injunction For urgent legal protection and cases in which mere correspondence would be too slow.Defend against a warning letter If you have received a warning letter yourself.Trademark lawsuit after a warning letter If the infringement continues.
From our blog (in German): GDPR warning letter from a competitor · Flying jurisdiction