There is indeed freedom of competition but that doesn’t mean one can advertise everything the way one wants to.
Especially the Internet opens up worldwide markets. On the other side websites are examined carefully by business rivals whether there are any warning notices that can be admonished (e.g. effectless General Terms and Condition Act, deceitful advertising message).
All of a sudden a notice from an opponent’s lawyer appears asking you to sign a cease and desist agreement and to pay the opponent’s lawyer.
What to do:
- Ignore it in the hope nothing is going to happen?
- Sign the cease and desist agreement and pay the opponent’s lawyer?
Both decisions don’t seem to be right:
- Doing nothing might cause an injunction
- You sign the cease and desist agreement but are you sure to be guilty?
As soon as you get a such notice come and see your lawyer!
For you we check:
- Was it anticompetitive at all?
- Did you really commit these statutory violations?
- Is the cease and desist agreement too extensive?
- Are the costs for the opponent’s lawyer too high? / Is the amount in dispute too high?
- If you want to reject the notice we advise you according to risk of trial and possible legal costs