Should I sign the enclosed declaration?
Cease-and-desist letters typically contain a cease-and-desist declaration (Unterlassungserklärung). In addition to this, it is common for cease-and-desist letters to demand that the cease-and-desist declaration be signed and returned within a certain deadline. Under no circumstances should a declaration be made without a lawyer checking the wording. By making the cease-and-desist declaration, the declarant normally agrees to pay a damages lump sum or acknowledges the claim. Frequently the cease-and-desist declaration contains “hidden” charges which are not immediately clear. By making the cease-and-desist declaration you agree in part in general to desist from infringing on the rights of the copyright holder in future. Any further future infringement may result in liquidated damages in the amount of several thousands of euros.
Please note: a cease-and-desist declaration is valid for 30 years!
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cease-and-desist archive
