Natalie

Copyright & Unfair Competition Law


Have you received a warning letter for an alleged copyright or competition violation? Here you can find out, what a warning letter means, how to respond correctly, and how you can protect yourself against them.

What is a warning letter?


A warning letter is an out-of-court letter in which a lawyer or rights holder points out an alleged violation of the law. The aim is to persuade the recipient of the warning letter to refrain from the objectionable behavior in future.

In most cases, a cease-and-desist declaration is demanded, along with payment of legal fees or damages.

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Typical reasons for warnings

Copyright warnings

In copyright law, warnings are often issued when protected works are used without permission. Examples:

  • Images or photos on websites or social networks,
  • Music or movie files from file-sharing networks,
  • Texts or graphics without source references.

Warnings in competition law

Competition law often deals with online sales and commercial offers. Warnings may be issued in the following cases, for example:

  • missing legal notices on sales platforms,
  • incorrect or missing information about the right of withdrawal,
  • misleading prices or product descriptions.
Please note: Even minor errors in the legal notice can result in costly warnings.

How should I respond to a warning letter?

A warning letter can be intimidating—but with the right steps, you can stay in control:

  • Keep calm – don't panic, but take it seriously.
  • Meet deadlines – warnings often contain short deadlines. Ignoring them is dangerous.
  • Do not sign anything without reviewing it first – cease-and-desist declarations can have lifelong consequences.
  • No rash payments – many demands are excessive.
  • Seek legal advice – a lawyer can check whether the warning letter is justified and reduce the claims.

What happens if I don't respond?

Anyone who ignores a warning letter risks the issuer filing a preliminary injunction or lawsuit. This almost always leads to significantly higher costs than an out-of-court settlement.

Tip: Seek legal advice in good time – this often saves money and stress.

How can I avoid warnings?

  • Only use content (photos, music, texts) for which you also have the rights of use.
  • Use royalty-free or Creative Commons content.
  • Check your sales activities online: Anyone who regularly offers goods for sale is quickly considered to be a commercial entity in legal terms—in which case mandatory information such as an imprint and cancellation policy are required.
  • Ensure that prices are correct and product descriptions are transparent..

Conclusion: A warning letter for copyright or competition violations should be taken seriously, but there is no need to panic. If you meet deadlines, do not sign anything hastily, and seek legal advice when in doubt, you can usually resolve the situation successfully and limit the costs.

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