Donnerstag, 20.01.2022

Have you received a warning from Zieliński Legal?

von Media Kanzlei

Have you received a warning from Zieliński Legal? Find out here what this means and what you should do now.

An important tip in advance: Never sign the attached cease-and-desist declaration without having it checked by an expert lawyer - you may incur high costs as a result! 

What is a cease-and-desist letter?

A cease-and-desist letter is usually used to pursue claims for injunctive relief. Zieliński Legal usually issues warnings under German law for cases with a foreign connection. However, German law is often not applicable at all. In cases of a cease-and-desist letter by Zieliński Legal, among other things, cease-and-desist claims are pursued in relation to alleged copyright infringements. For example, a client is alleged to have published a photo that the client claims to have taken on the other side.

How do I react correctly to a warning letter from Zieliński Legal?

Many recipients of cease-and-desist letters are initially unsure how to act. Should the cease-and-desist declaration be signed? Should the demanded costs be paid? Should the letter be ignored? It is not always easy for a layperson to judge what is the right course of action in such a situation. You should therefore immediately seek the assessment of a specialized lawyer. Do not wait too long, as the deadlines in a warning letter are usually relatively short. It is important that you do not ignore the cease-and-desist letter under any circumstances!

Do not sign the cease-and-desist declaration under any circumstances

Under no circumstances should you sign the cease-and-desist declaration attached to the warning. This is because they also contain a choice of law and jurisdiction clause for Germany. What does this mean?

Under German law, justified cease-and-desist letters entitle you to reimbursement of your attorney's fees; under many foreign jurisdictions, this is not the case. However, if you sign the cease-and-desist declaration including the choice of law and jurisdiction clause, Zieliński Legal could still sue for costs and contractual penalties in Germany. Thus, you can cause high, but especially avoidable costs by your signature.

Lawyer for warning

Be sure to get an expert lawyer's opinion if you have received a warning letter. Let our team of experts advise you. We will be happy to help you. Contact us now.


Diesen Artikel teilen