Claims according to UrhG and UWG
JUST DON’T SHORT-CIRCUIT!
Many warnings go too far
Even if there is a violation of the law, it is not necessary to sell “house and home”. A promise to cease and desist with an appropriate contractual penalty “without recognition of a legal obligation” is usually sufficient. A promise of payment is not necessary.
Serious and unserious warnings
Warnings can be quite justified and serve to settle a dispute without court in a cost-effective manner. I can tell you very well whether you are liable for an alleged violation or not. If so, we are de-escalating the situation. If I recognize that the warning is excessive or even frivolous, we will defend ourselves appropriately.
How we proceed
You will send me the received documents with a chronological description of the situation from your point of view in confidence.
I will look at the matter and we will decide together what to do. I will do the rest for you.
How much is it?
For the processing of a Abmahnfall there is usually only a flat rate of 357.00 € (incl. VAT).
In all other cases we will determine the fee together in advance.
Projects in IT
The drafting of project contracts is part of our core business. Here we minimize the risk of later project crises right from the start. If you call us in only then, we can usually avoid a legal dispute and save the project for both sides while saving face.
Whether freelancer or medium-sized business, I will support you in the conclusion of framework and individual contracts and advise you on your options for structuring them, on rights of use, liability and warranty. For you as a company founder, I will take over the complete legal project management from the tender to the scrapping, monitor your employee portfolio also from an employment law perspective and detect project crises in time so that no major damage occurs. If it is already too late, we minimize the damage.
For 30 years we have been drafting user agreements, general terms and conditions, service level agreements, statements of work in both German and English and assert claims for infringement of rights in the field of copyright law, trademark law and unfair competition law.
in the law firm there is no division according to lawyers who appear in court or who advise exclusively out of court. Both disciplines are part of a holistic consulting service and are offered as a unified whole.
Do I need to see a lawyer for that?
You should. You could apply for a default summons yourself or use an inexpensive internet service. There are already expensive sources of error here. If the debtor lodges an objection, the dispute is transferred to legal action – you should never represent yourself here. In court every sentence must be well formulated. Legal language is a competence of lawyers. At the latest before the regional court you may not (with a few exceptions) represent yourself.
A good lawyer will not only take care of the formalities, but will solve your problem as a whole. Your head will be clear again.
My team takes over the complete processing from your IT interface including the determination of the debtor’s residence and creditworthiness. We have an experienced detective agency in our network.
Conciliation & Arbitration Courts
What are the advantages?
Scorched earth’ is often created in court. Sometimes ‘the wrong man’ wins only for formal reasons. Through professional mediation, surprising motives for an argument often come to light. If it is possible to reduce the case to the actual factual level, a commercial compromise is often reached. In this way, both parties can separate or even continue to co-operate, while preserving their faces.
Arbitration court or attorney settlement?
Arbitration proceedings are similar to proceedings before a court of arbitration, but more relaxed. However, contrary to popular opinion, it is often more expensive. I have many years of experience in this area, but would negotiate in the first instance with the opposing counsel myself. Tough in the matter but fair in our dealings, we as professionals on both sides succeed quite quickly in determining the risk/reward ratio, to the extent of which we then recommend a quick settlement. This saves you time and money, which would be additionally consumed in a lengthy legal dispute.