The German voluntary work Association inform German volunteering e.V. and law firm Zirngibl Langwieser, of people engaged in clubs with legal protection advises, Katharina Zabl, LL.M., lawyer at the law firm ZIRNGIBL LANGWIESER, Munich, to information on the subject of cease and desist letter of association or of the Executive Committee for copyright infringement on the Internet”asked. 1. What is a cease and desist letter? The cease and desist letter represents a means to indicate a violation of the law and to enforce the claims arising out of court. A warning is usually associated with the invitation to make of a punitive cease and desist. Thus letting the violator, to indemnify the injured.
2. What does a cease and desist letter? Usually there is a cease and desist letter from: charges of breach of law, see description of the facts of the case and an at least short legal assessment, will refrain from this behavior a prompt, an accompanying cease and desist formulated above with Penalty promise, a request for the refund of the costs of the lawyer and partially detailed further also the right to assert claims such as E.g. claims for damages. Usually, the cease and desist letter contains a very short deadline under threat of judicial enforcement of claims, if the deadline elapses unsuccessfully. The reason is that an injunction can be obtained only within a fairly short period (usually within one month) having knowledge of the violation in court. Because a particular form is not compulsory, necessarily a warning via email or phone to be taken seriously. 3.
with whom is the cease and desist letter? The warning can be directed at the club itself, which is responsible as the culprits for the infringement of rights. An action of the Board attributed to him here. This also applies to a non-incorporated association. The warning can vary but according to the principle of self-adhesion of the representative against the Board, when he committed the violation of the rights or has caused or known and legal does not prevent the infringement of another.