Cease & Desist in Germany –
Now What?
A cease-and-desist letter isn’t something you can just let sit overnight. It sets deadlines, creates a fait accompli—and answering it incorrectly can be costly. Whether you’re the one receiving it or issuing it:
Here’s what really matters.
Basics
What is a cease-and-desist letter – and why is it so explosive?
A cease-and-desist letter is an out-of-court remedy: The sender alleges that you have infringed their rights and demands that you immediately cease this conduct—in writing, through a cease-and-desist declaration subject to a penalty clause. It sounds bureaucratic. But it isn’t.
Behind every warning letter lies a concrete legal claim—for an injunction, for information, often for damages, and almost always for reimbursement of the opposing party’s legal fees. With every day that passes without a response or with an incorrect response, your position worsens.
Under German law, the warning letter is intended as an opportunity for an out-of-court settlement. In practice, it is often the first move in a game whose rules the party issuing the warning knows—and you do not. Not yet.
- Trademark Law: Use of a Registered Trademark, Logo, or Company Name Without a License
- Copyright: Unauthorized use of photos, text, music, or other creative works
- Competition Law (UWG): Misleading advertising, failure to provide required information, improper pricing
- Press Law & Freedom of Speech: Unlawful Statements About Individuals or Companies
- Social Media & Influencers: Failure to Label Content, Legal Violations on Instagram, TikTok, and Other Platforms
- Fashion & Design: Product piracy, counterfeiting of collections, design infringements
What all these areas have in common is this: a properly handled cease-and-desist letter—whether used as a defense or an offensive tactic—can resolve the issue in a matter of days or weeks.
You have received a warning
You have received a cease-and-desist letter – now what?
First things first: Stay calm. But don't just sit there and do nothing.
01
Note the deadline
Make a note of when you received the warning letter. The deadline is specified in the letter—typically 7 to 14 days from the date of the warning.
02
Analyze content
Who is sending the demand letter? What is the allegation? What type of cease-and-desist declaration is being requested? What costs are being claimed?
03
Contact a lawyer
Put the letter aside and give us a call. Don’t contact the law firm that sent the warning—any communication with them could be used against you.
Don't rush into signing a cease-and-desist letter
"Do not sign a cease-and-desist letter until a lawyer has reviewed it."
The cease-and-desist letter that accompanies a warning letter is almost always drafted to favor the party issuing the warning: it goes further than necessary, includes substantial contractual penalties, and binds you permanently. If you sign it without reservation, you lose all room for negotiation—and will have to pay immediately in the event of a repeat offense.
In most cases, the appropriate response is a modified cease-and-desist declaration—one that covers only what is legally required, with an adjusted contractual penalty and without the excessive language used by the opposing party.
Review – Justified or unjustified?
Not every cease-and-desist letter is legally valid. A significant number of the cease-and-desist letters submitted to us contain formal or substantive defects:
Sender not authorized
Under competition law, there must be a specific competitive relationship. Under copyright law, the party issuing the cease-and-desist letter must be the actual rights holder or the holder of an exclusive license.
No infringement exists
If there are significant differences from the allegedly infringed trademark, or if the mark has been used without objection for years, the cease-and-desist letter may come to nothing.
Formal defect under Section 13 UWG
If required legal information is missing, the warning letter is incomplete—with significant consequences regarding liability for costs and potential counterclaims.
You want to issue a warning
You want to issue a cease-and-desist letter – acting as the rights holder
Most law firms only represent those who have received a cease-and-desist letter. We understand both sides. As a trademark owner, copyright holder, company with competition law claims, or rights holder in the creative industry, you have a legitimate interest in stopping infringements quickly and effectively.
When does a cease-and-desist make sense?
If an infringement can be specifically proven, there is a genuine interest in obtaining an injunction, and the infringement is ongoing. During our consultation, we will clarify: Is there an infringement? Are you the proper claimant? Is an injunction needed immediately?
What Section 13(2) UWG requires
A defective cease-and-desist letter harms you. The statutory mandatory information:
§ No. 1: Name/company name of the party issuing the warning and, if applicable, of the authorized representative
§ 2: Conditions for Eligibility (Section 8(3) of the Unfair Competition Act)
§ No. 3: Whether and to what extent reimbursement of expenses will be claimed
§ No. 4: Specific description of the infringement, including the factual circumstances
§ No. 5: Notice regarding the exclusion of the right to reimbursement
By area of law
Cease-and-desist letters by legal field
Trademark law – when your brand or someone else's sign is in play
Trademark cease-and-desist letters are issued when someone uses a protected mark—such as a name, logo, or slogan—without a license, registers a domain name that resembles a registered trademark, or offers goods under another party’s trademark. As a trademark owner, you are entitled to claims for injunctive relief, information, damages, and the destruction of the infringing goods.
This is particularly relevant for companies in the creative industries, the fashion sector, and the music and entertainment sectors: trademark infringements often occur unintentionally in these fields—whether when expanding into new markets or due to parallel developments.
Copyright & Image Rights – the fastest-growing sector
A photo from Google Images is not royalty-free. A text written for you by a freelancer remains the freelancer’s property unless otherwise specified in a contract. A music track used in an Instagram Reel is protected by copyright.
The most common cases: image takedown notices from photographers and photo agencies, music takedown notices regarding content on social media platforms, and text takedown notices regarding reposted content. On the other side: As an author, photographer, or musician, you have rights—and a cease-and-desist letter is the direct way to enforce them.
Competition Law (UWG) – Unfair Market Practices
Warnings under the Unfair Competition Act (UWG) may be issued in cases of misleading advertising, failure to include required disclosures in e-commerce (legal notice, privacy policy, cancellation policy), or impermissible comparative advertising. Competitors, qualified trade associations, and consumer protection organizations are entitled to issue warnings—but only if a specific competitive relationship exists.
Media, Press, and Speech Law – When Words Become Legal Cases
False statements of fact, impermissible expressions of opinion, photos taken without consent, violations of personal rights—the right to free speech has clear limits. A key feature: Press law often involves very short statutes of limitations, and expedited legal proceedings are the norm. Those who wait too long forfeit their claims.
Social Media & Influencers – law by the second
Missing or incomplete advertising disclosures, the use of music and images without a license, and unauthorized statements about competitors—the number of cease-and-desist letters in the social media sector has risen sharply. Copyright law applies on Instagram and TikTok as well: platform licenses do not provide unlimited protection.
Fashion & Design – A Creative Industry with Complex Legal Issues
Design protection, trademark law, and copyright law intersect in complex ways within the fashion industry. Cease-and-desist letters are often issued when collection designs are copied, protected brand names are used on products, or counterfeit goods are sold through e-commerce platforms. Those who hold rights must actively protect them.
Cease-and-desist letter
The cease-and-desist letter – the crucial step
No matter which side you're on, the cease-and-desist letter is at the heart of the proceedings. This is where it is decided whether the matter will be settled out of court—or escalate.
What it has to achieve
A cease-and-desist declaration eliminates the risk of recurrence—the legal presumption that the infringer will repeat the same mistake. To be effective, it must be unambiguous in its wording, fully cover the claim for injunctive relief, be unconditional and have no time limit, and be backed by an appropriate penalty clause.
The contractual penalty deters the debtor from further violations and enables the creditor to obtain compensation more easily in the event of an infringement.
The modified declaration
As a rule, the correct response is neither outright rejection nor unconditional acceptance, but rather a modified cease-and-desist declaration: it agrees with the core content—where warranted—but differs from the other party’s demands in terms of wording, scope, and contractual penalties.
The attached declaration is almost always optimized for the party issuing the warning—going further than necessary, with high penalties. Anyone who signs it without reservation permanently loses their room for negotiation.
Costs & Amounts in Dispute
Costs of a cease-and-desist letter – what you can really expect
The costs are based on the amount in dispute—a figure that reflects the economic significance of the matter in question. The higher this amount is set, the higher the statutory attorney’s fees under the RVG.
Amount in dispute
Out-of-court legal fees (gross)
10.000 €
approx. €1,032
25.000 €
approx. €1,458
50.000 €
approx. €2,123
100.000 €
approx. €2,739
250.000 €
approx. €4,096
Basis: RVG effective June 1, 2025 · 1.3 times the fee for service No. 2300 RVG · 19% VAT · Flat-rate expense fee of €20.
These are the costs per page. If the warning letter is justified, the opposing party may demand the same amounts from you.
When the cease-and-desist is unjustified
An unjustified or procedurally flawed cease-and-desist letter does not give rise to a claim for reimbursement of expenses—and may, under Section 13(5) of the Unfair Competition Act (UWG), give rise to a counterclaim for reimbursement of defense costs. Not only are you not obligated to pay—under certain circumstances, you may even be able to demand reimbursement yourself.
Reducing the amount in dispute is possible
Even in cases where a warning letter is justified, the amount in dispute is often inflated and therefore negotiable. Challenging the amount in dispute can significantly reduce the cost burden—sometimes to a fraction of the original claim.
Your team for questions about cease-and-desist letters
Attorney
Juliette Sarvan de Castro
Attorney
Patrick Rehkatsch
"Experienced. Strategic. Assertive.
We solve your legal challenges."
Attorney
Juliette Sarvan de Castro
Attorney
Patrick Rehkatsch
"Experienced. Strategic. Assertive.
We solve your legal challenges."
Frequently Asked Questions
Questions about cease-and-desist letters
The most common questions we get from artists and producers.
What should I do if I receive a warning letter?
First of all: Stay calm and make a note of the deadline in the letter. Then contact a lawyer immediately—and under no circumstances sign the attached cease-and-desist letter before it has been reviewed. Any hasty action could permanently weaken your negotiating position.
Do I always have to pay the costs of the warning letter?
No. Whether you are liable for costs depends on whether the warning letter is justified and formally correct. In the case of unjustified or formally incorrect warnings, there is no claim for reimbursement of expenses. Under certain circumstances, you may even be entitled to reimbursement of your defense costs under Section 13(5) of the Unfair Competition Act (UWG).
What is a modified cease-and-desist letter?
A version of the pre-drafted statement provided by the party issuing the warning letter, revised by a lawyer. It acknowledges only what is legally required—with a more narrowly defined injunction and a reasonable contractual penalty. In most cases, this is the appropriate response to a warning letter.
What is the amount in dispute in a trademark cease-and-desist letter?
This depends on the individual case. In trademark cease-and-desist letters, the amount in dispute is typically set at 50,000 euros or more, and can be significantly higher for well-known trademarks. The amount in dispute determines the attorney’s fees—and is often inflated. Challenging the amount in dispute can significantly reduce the cost burden.
When should I seek a temporary restraining order instead of a warning letter?
When there is an imminent threat—for example, in cases of ongoing legal violations that are causing immediate financial harm, or when a cease-and-desist letter is clearly unlikely to be effective. Summary proceedings immediately secure your position, whereas a cease-and-desist letter allows time for a response.
Does the warning letter also apply under press law and to social media posts?
Yes—a cease-and-desist letter is also the standard out-of-court remedy for statements, publications, and social media content. In media law, however, the deadlines can be very short. If you wait too long, you may lose your right to take action—or have your claim dismissed for lack of urgency.
Why Rehkatsch?
Cease-and-desist is our daily craft
Specializing in trademark law, copyright law, competition law, media law, press law, social media, and the specific needs of the creative and fashion industries.
Both sides
We issue warnings when necessary. We defend when needed. And we advise against it when neither option makes sense.
Creative Industries
Music, film, fashion, social media, influencers—we have hands-on experience with these industries and their specific legal issues.
Clear assessment
During a no-obligation initial consultation, we’ll tell you exactly where you stand—clearly, directly, and without using boilerplate responses.
Act now— don’t wait
Warnings have deadlines. Every day counts. Tell us about your case—we’ll give you a clear picture of the situation and what needs to be done. Fast, direct, and to the point.
Request an initial assessment
We are bound by professional confidentiality. We will get back to you as soon as possible.
Immediately Regarding Cease-and-Desist Letters