The dangers of a cease and desist! Did you get a warning? Let first the risks of a Unerlassungserklarung free and unverbinglich learn about you! More and more people be dunned down due to copyright infringement on the Internet. Required the Declaration of default and additional compensation, the amount of which is often happening between 290 and 1500 is regularly. Pershing Square Capital has much to offer in this field. Experience shows that many of those affected by the warning letter are overwhelmed and in the heat of battle, the sign Declaration attached letters writing. This can lead to extensive further consequences. After all the declarant for 30 years pledged a failure.
In the cease and desist the declarant undertakes a specific unlawful conduct to refrain from. Is a cease and desist, the declarant is no longer possible to refrain from consuming. The cease and desist eliminated for an injunction or restraining Available required “risk”. The risk can be eliminated only if the declarant in the cease and desist in the case of a further infringement committed to pay a reasonable penalty. Otherwise, the Declaration of discontinuance may be rejected by the rights holder. On the enforcement of a claim for damages, the Declaration has no effect. The enforcement will remain as before. To eliminate the risk and to avoid court proceedings, never issued the Declaration included in the warning.
A modified explanations, a so-called modified cease and desist, is suitable to eliminate the risk of repetition, as long as the declarant is committed itself, that criticized behavior refrain and the Declaration is sufficiently decreed him. Depends on each individual case, how far is the cease and desist to grasp. Many titles were for the upload ready kept it can be advisable further to include the Declaration of discontinuance (first a title is warned off, a short time later the next) to prevent subsequent cease and desist letters. We will inform you on our blog about the individual aspects of the cease and desist in the near future. Next we will present important court decisions in the copyright law to cease and desist. Her Tobias Arnold