Did you happen to find out that someone uses the same or a confusingly identical sign for the same products or services as you? Did somebody tell you that he has seen a product with the same or an almost identical design as yours? Do not allow others to swim on your wave of success. You have put a lot of work and money into the development and marketing of your products and the introduction of your brand into the market. Defend your intellectual property!

We will accompany you from the initial safeguarding of evidence to an out-of-court warning letter and/or an application for an interim injunction to the final settlement of the matter, whether by an acknowledgement of claim by the infringing party or by obtaining a court judgement.

Again and again, cases arise, in which alleged owners of intellectual property, be it trade marks, patents or design, try to intimidate competitors, especially in connection with trade fairs and to discourage him to exhibit his products in the best way possible by making infringement accusations prior to fairs. This has to be opposed with the appropriate sharpness, not only out-of-court, but also by means of judicial measures, such as the submission of Schutzschrift, so that you can make the most of your trade fair appearance.

A Schutzschrift is a specialty of German law. It is like you deposit your statement of defence with the court before the actual statement of claim, the application for an injunction was filed by your opponent. The court will also consider your presentation of the facts and won’t render its decision solely on the basis of the representation of the facts by the opponent. Please be aware that under German civil procedure law, each party only has to present the facts that are favorable to it and does not have to give an accurate picture of the overall circumstances. Although the decision by the court may only be “interim”, i.e. preliminary, however it can still hit you hard and even harder coming as a complete surprise (without hearing in front of courts and without prior information about the opponent’s pleadings).