Example of an Application for an Injunction:

Typically, an application for a temporary injunction is made after the unsuccessful expiry of a warning period.

Application for an injuction

the …Ltd., London, UK,

– Applicant –

Prosecutor: Horak Rechtsanwälte

against

… AG, Munich,

– Defendant –

for omission.

Amount in dispute: EUR 250,000

In the name and on behalf of the applicant we request – due to special urgency without oral proceedings  – to order the application by way of an interim injunction:

1)  Under the threat of a fine of up to EUR 250,000.00 due for each case of infringement, or alternatively imprisonment for up to six months, the defendant shall be prohibited from offering and/or putting into circulation (i.g. computers manufactured) …. and/or bearing the trade mark “…” of the applicant without due cause under the design and utility model of the applicant.

3) The defendant shall bear the costs.

4)  It is also requested that the applicant should be required to lodge a security, to allow it to lodge a guarantee by a German credit institution approved as a customs and tax guarantor.

Explaination:

I. …

II. …

III. …

[…]

The application for an injunction is therefore to be considered well-founded.

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