Who once received a cease and desist letter, knows it. The fear of further warnings. Preventive magic word cease and desist”the magic word is: preventive and desist. However, that deal with the preventive and desist”is a science in itself. Below is enlightened about meaning and purpose, about opportunities and risks of preventive cease and desist. The preventive cease and desist to protect the persons concerned from further warnings.
How by equip, becomes clear when looking more closely at the sense and purpose of a cease and desist letter. The (great) pleasure”about the cease and desist letter who is injured in his rights, has also a claim in addition to other claims (damages, information etc.) omission of injurious behaviour (injunctive relief). The victim has two ways to invoke the injunctive relief against the infringer. He can directly towards the Court break, thus the Court the infringer in a judgment to the Failure to condemn. Attorney and court costs incurred by legal proceedings. The alleged infringer, loses he must bear the costs as Unterlegener. Instead of going immediately to the Court, the rights owner may make also a warning. “The purpose of a warning is pointing to an infringement the infringer and to give him the opportunity, using cease and desist” (or this Court) to commit to the omission.
Because of the alleged infringer, thus saving cost namely Attorney and court costs the legislator and the established case law expects from that the cease and desist letter within the meaning and in the will of the Dunned down takes place. Therefore the have off pay the cost of the warning, which regularly lower, than the cost of a trial. The have out should so rejoice”, when he receives a cease and desist letter this (anyway, according to the understanding of the legislature), it saves money. Probably, you shake your head at this point.