Where a company’s personality rights have been infringed, an injured party has a number of options for pursuing the matter before initiating proceedings.
As court actions can be costly and time-consuming it is often advisable to attempt to dispute resolution mechanisms before court proceedings are commenced.
Sending a warning letter is an effective way of solving a dispute without resorting to court proceedings. It is particularly advantageous if there multiple claims against more than one person to settle.
The warning letter will demand from the infringer the submission of a signed declaration to cease and desist which will be underpinned by a contractual penalty in the case of a future breach of the declaration.
The warning can also be used a method of requiring disclosure of both the source of the infringing publication and any associated infringements. This is especially useful where a comment has been published on a forum and which will have most likely been published elsewhere.
In addition, the injured party could demand compensation, retraction or claim a right to publish a reply.
To ensure that a matter is analysed from all angles and all possible claims are substantiated, it is advisable to seek legal advice when considering the content of a warning letter. The costs for obtaining such legal advice can be recovered from the recipient of the warning letter.
Do you need to protect yourself or your company from personality right infringements? Do you need to defend yourself against damaging publications? Or perhaps you simply have general questions of the right to free speech and rights of the press? We are here to help!
German lawyer Christian Solmecke and his expert team are available to answer your questions. Call us on +49 (0) 221 / 951 563 0.