Received cease-and-desist letter as an influencer? Attorney for Defense and Enforcement

Cease-and-desist letter in the Creator Business: take seriously, but don’t sign unchecked

Cease-and-desist letters are the usual way in German law to clarify violations of law out of court. The person who is cease-and-desist letter asks you to refrain from certain behavior in the future, to submit a cease-and-desist undertaking with a penalty and to reimburse the lawyer’s fees. For influencers, cease-and-desist letters typically come from competition law (surreptitious advertising, misleading statements), copyright (music, photos, clips), trademark law and personal rights.

If you let the deadline pass, you risk an injunction that quickly costs several thousand euros. On the other hand, anyone who signs the attached declaration unchecked often commits too far and risks high contractual penalties for every future violation. The right way is usually in between: check claims, reject unjustified claims and, if necessary, submit a cleanly limited, modified cease-and-desist undertaking.

Conversely, we represent creators, brands and agencies whose content is copied, whose brand is used or whose personal rights are violated. Then we will warn you and, if necessary, apply for an injunction.

Typical situations in which we help

• Cease-and-desist letter of a association or competitor due to a lack of advertising labeling.
• Cease-and-desist letter of a photo agency or a music publisher for a picture or song in your video.
• Trademark cease-and-desist letter because of your channel name, your merchandise or a hashtag.
• Cease-and-desist letter of a person who can be seen in their video or who they reported about.
• Another account copies your content or uses your name for fake profiles.
• You used to submit a cease-and-desist undertaking and are now supposed to pay a contractual penalty.

Legal basis at a glance

Formal requirements for a cease-and-desist letter

In competition law, a cease-and-desist letter according to § 13 Para. 2 UWG, among other things, must clearly state the name and address of the person cease-and-desist letter, the entitlement to entitlement, the amount of a claim for reimbursement of costs and the infringement of the law. If this information is missing, the claim for reimbursement of costs may not apply. In copyright law, the requirements of § 97a UrhG apply, including a cost cap for certain violations of private individuals.

The Penalty Defense Declaration

With the cease-and-desist undertaking, you undertake not to repeat the behavior in question and promise a contractual penalty in the event of a violation. The declaration is generally valid for an unlimited period. Therefore, it is important to formulate a precise formulation: it should only cover the actually illegal behavior, contain no acknowledgment of guilt and provide for an appropriate contractual penalty, for example according to the “new Hamburg custom”.

Costs and Compensation

In addition to the omission, legal fees and, for example, when using photo or music, compensation are demanded according to the license analogy. We check the height of both. Object values are often excessive or license amounts are not customary in the market.

Injunction and lawsuit

If a sufficient cease-and-desist undertaking is not submitted, the person who is cease-and-desist letter can apply for an injunction. The courts demand urgency for this, which, depending on the court, usually only lasts around a month from knowledge. If you want to enforce rights yourself, you have to act quickly. A protective letter can be deposited against an impending order.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Ignore the cease-and-desist letter or let the deadline pass.
• Sign the pre-formulated cease-and-desist undertaking without being checked.
• Call the opponent himself and make concessions.
• Only delete the posted posted post, but leave similar posts online.
• Pursue their own claims too late and thereby lose their urgency.