An Example of a (German: Abmahnung) Notice of Warning for you:

Warning Notices must contain the specific infringement of competition law, demand a cease-and-desist declaration subject to a penalty within a specified period and threaten legal action:

Mr./Ms./Mrs. …,

we would like to indicate that … has entrusted us with the protection of its interests against your company.

Our client has recently become aware of your advertising in its/your market/business:

1. Sie schreiben dort unter der besonders hervorgehobenen Plakatierung:

1. You write there …. :

2. By your advertising campaign you are not only violating the rights of our client, who is in a competitive relationship with you, under §§ 4,5 UWG, but you are also violating the law on discounts in a particularly serious manner and otherwise you are abusing the good name of our client, which is protected as a German trademark. Through your advertising you give the impression to the addressed public that you can offer more and more favourable prices and that this applies to all available articles, which is actually not the case. Thus your advertisement is considered misleading. In addition, there is a case of quite deliberate and obvious advertising leanings and reputation exploitation. Through your advertising, you are inadmissibly leaning on the high profile and excellent reputation of our client in order to advertise your competitive products, with which our client does not want her name to be associated without her prior consent. Furthermore, from the point of view of comparative advertising, your advertising is also inadmissible. It is true that, once the directive on comparative advertising has been transposed, the same may in principle be permissible. However, this applies only if all the criteria are met. In the case of a misleading approach, this cannot be the case. In addition, your advertising does not meet the other criteria either. Your advertising goes far beyond the objective measure. The violation of the law on discounts in your announcement also results from the fact that, in the case of other low-priced goods, you reduce your normal price for competitive purposes and thus announce or grant a price reduction, which is prohibited by the law on discounts.

Due to your unlawful and anti-competitive conduct, you are obliged to refrain from providing information and compensation to our client. In the name of and on behalf of our client, we have to request you to make the attached declaration to our client in  the name of your company. Of course, you must refrain from your advertising. We reserve the right to further damages. For the receipt of the cease-and-desist declaration in our office in Hanover, we havesettle the due date: 


Kind Regards,

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