A warning letter is used by one person to point out to another person the violation of IP rights and threatening to take legal action if the violation does not cease and no compensation for damages is paid.
Many aspects have to be considered when examining whether a warning letter is justified or not. In particular, the scope of protection of the asserted IP rights must be assessed in detail. If in doubt, consult an experienced lawyer for this examination. Only a lawyer will be able to identify your options for action and explain the advantages and risks of the various alternatives.
You should also discuss with an experienced lawyer whether you should issue a warning letter to a competitor because unjustified warning letters may trigger claims for reimbursement against you. In addition, a warning notice is only one of several ways of dealing with adverse behavior by competitors.
Advice for use in practice: If you have received a warning letter, you should first check whether you have been given a deadline to respond. There is a risk that the other party will file a lawsuit or apply for a preliminary injunction if you fail to respond in time. This may result in considerable costs, which can be avoided by timely responses.
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