Unfair Competition Law

Do not act hastily. Signing an Unterlassungserklärung without legal advice may involve serious financial risks. Contact a lawyer – we check whether the claims are justified and limit exposure.

Imitation that misleads customers or exploits your brand’s reputation can constitute unfair competition. We can send an Abmahnung and, if necessary, take the matter to court. Acting quickly increases effectiveness.

No. You can reject unjustified claims or submit a modified declaration (modifizierte Unterlassungserklärung). Signing too broad an undertaking may trigger heavy penalties.

The main risk is losing the case and covering the opponent’s costs. That’s why we assess documentation and compliance in advance and prepare a solid legal strategy. There is also the risk of Gegenabmahnung.

Yes – many marketplaces offer reporting procedures. In cases of repeated violations, this can be more effective than fighting individual competitors.

Examples include misleading advertising, product imitation, unlawful comparisons, aggressive marketing, missing mandatory information in e-commerce, and unlawful designations.

Not through Abmahnung. Identification of the claimant and proof of significant competitive activity are required.

Yes. A regular audit of your online presence, marketing materials, and sales practices helps identify risks and implement changes before competitors can use them against you.

Costs depend on the value in dispute (Streitwert), the complexity of the case, and the identifiable motivations of the opponent. Before you decide, we provide clear financial scenarios and outline the risks of having to cover the opponent’s costs.

Yes, although enforcement can be more challenging. However, if sales are made through platforms (Amazon, eBay, etc.), we can effectively block offers and reduce the presence of unfair sellers on the market.