I have received a cease-and-desist letter (Abmahnung)
The heart of the matter
- Three demands, three checks. Injunctive relief (Unterlassung), damages and warning costs are different things with different requirements. A demand to stop can be made even without fault. Damages require intent or negligence; the costs require a justified warning letter and, in copyright and competition law, the legally required information as well.
- The signature binds you permanently; payment is a separate point. A cease-and-desist declaration (Unterlassungserklärung) usually applies for life; any later breach can trigger the contractual penalty. Giving it does not automatically mean you have to pay every amount demanded. A modified version can be worded without any promise to pay.
- The deadline is serious, but it is not a statutory deadline. The deadline in the warning letter is set by the other side itself, often only a few days. If you ignore it, you risk a preliminary injunction or a lawsuit. An extension can often be agreed, but there is no right to one. It is different with court deadlines, for example after a payment order (Mahnbescheid) or a lawsuit: if you miss them, you risk a default judgment or an enforcement order without the matter being examined.
- Removing is not an admission. Removing the content complained about ends its further use and is not an admission of the allegations. Secure evidence first. Do not write to the other side about the substance until you have had advice.
- Private or commercial use decides the costs. For private use in copyright matters, the warning costs are usually capped at an amount in dispute of 1,000 euros, which under the current fee table is around 168 euros including VAT. For commercial use and in trademark law, this cap does not apply. It never covers damages.
How the roadmap works. Answer the questions. Your roadmap is built from them. It shows what you should do right away, what you should have checked and who can help you. The most important point first: do not ignore a genuine cease-and-desist letter. But do not sign or pay too quickly either. The deadline in the letter is often short, but good advice can almost always still be arranged. This roadmap is general information and does not replace legal advice from a lawyer.
Your answers are not stored or transmitted; they only appear in your browser's address bar. Anyone who shares the link also shares the answers. Legal position as of November 2026: UrhG as currently in force, in particular § 97 (injunctive relief, damages), § 97a (warning letter, cap on amount in dispute of 1,000 euros, counterclaim), § 102 (limitation under the BGB), § 104a (place of jurisdiction at place of residence); UWG as currently in force, in particular § 5a para. 4 (labelling of commercial purposes), § 8 para. 3, § 8c (abuse), § 11 (limitation), § 12 (preliminary injunction, reduced value in dispute), § 13 (warning letter, exclusion of cost reimbursement, counterclaim), § 13a (contractual penalty), § 14, § 15 (conciliation bodies); MarkenG §§ 14, 20; KunstUrhG §§ 22, 23; § 5 DDG (legal notice); PAngV; DSGVO; BGB §§ 195, 199, 315, 339, 823, 1004; ZPO § 256, § 890, §§ 924, 926, 935–937, 940, § 945, § 945a (protective letter register); BerHG. BGH, judgments of 27 March 2025: I ZR 186/17 (consumer associations) and I ZR 222/19 and I ZR 223/19 (competitors) on the pursuit of certain GDPR violations under competition law.
Your situation
Your roadmap
As of November 2026. The roadmap arranges general information according to your answers. It does not review an individual case, does not replace legal advice and does not assess your dismissal or any deadline as valid, met or missed. Whether an entitlement exists is decided by the responsible office; deadlines and amounts change often – check important details with an advice centre.
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On a decision, deadline, application or responsibility. You get an answer with the matching page, the responsible office and the next step, usually within two working days. No legal advice in individual cases, no sharing of your data.