Infringement Letter Template for Germany

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Key Requirements PROMPT example:

Infringement Letter

"I need an Infringement Letter in German law for an online retailer who is selling counterfeit versions of our trademarked luxury bags on their website; we need to demand immediate cessation by March 15, 2025, and include compensation for damages estimated at €50,000."

Document background
The Infringement Letter, known as 'Abmahnung' in German law, is a critical legal instrument used when a rights holder discovers unauthorized use or infringement of their intellectual property or other protected rights. It serves as a formal first step in addressing violations under German jurisdiction, typically preceding any court action. The document must include specific elements required by German law: clear identification of the parties, detailed description of the infringement, legal basis for claims, specific demands including cease and desist declarations, and often financial compensation demands. This type of letter is particularly important in the German legal system as it can help avoid costly litigation while providing a formal framework for dispute resolution. The Infringement Letter also serves to document the rights holder's prompt action in protecting their rights, which can be crucial for potential future legal proceedings.
Suggested Sections

1. Sender and Recipient Details: Full legal names and addresses of both parties, including any reference numbers

2. Date and Subject Line: Clear indication of the date and subject matter of the infringement

3. Rights Holder Position: Statement of the rights holder's legal position and ownership of the intellectual property rights

4. Description of Infringement: Detailed description of the specific infringing activities with dates and evidence

5. Legal Basis: Citation of relevant legal provisions under German law that have been violated

6. Demands: Clear statement of demands including cease and desist declaration, deadline for response, and consequences of non-compliance

7. Costs and Fees: Breakdown of legal costs and fees being claimed in accordance with RVG

8. Deadline and Response Instructions: Clear statement of response deadline and methods of acceptable response

Optional Sections

1. Previous Correspondence: Reference to any previous communications regarding the infringement, if applicable

2. Damage Calculation: Detailed calculation of damages being claimed, if monetary compensation is sought

3. Industry Practice: Reference to relevant industry standards or practices, if needed to establish context

4. Settlement Proposal: Proposed terms for amicable resolution, if offering settlement options

5. Power of Attorney: Statement of legal representation and authority, if letter is sent by legal counsel

Suggested Schedules

1. Evidence Documentation: Copies or screenshots of infringing material, trademark registrations, or other relevant evidence

2. Draft Cease and Desist Declaration: Pre-formulated declaration (Unterlassungserklärung) for the infringer to sign

3. Proof of Rights: Copies of relevant certificates, registrations, or other proof of intellectual property rights

4. Cost Calculation: Detailed breakdown of legal fees and costs according to RVG

5. Power of Attorney Document: If applicable, formal power of attorney documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Technology

Manufacturing

Retail

Media and Entertainment

Fashion and Luxury Goods

Pharmaceuticals

Software and IT

Consumer Goods

Publishing

E-commerce

Telecommunications

Automotive

Industrial Design

Advertising and Marketing

Relevant Teams

Legal

Compliance

Intellectual Property

Risk Management

Corporate Affairs

Executive Leadership

Business Development

Brand Protection

Regulatory Affairs

Relevant Roles

Legal Counsel

Intellectual Property Manager

Chief Legal Officer

Compliance Officer

Brand Protection Manager

Patent Attorney

Trademark Attorney

General Counsel

Legal Director

IP Rights Manager

Chief Executive Officer

Managing Director

Business Development Manager

Risk Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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