German: Abmahnung durch WettbewerberEnglish translation: cease-and-desist letters by competitors 
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| GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | | German term or phrase: | Abmahnung durch Wettbewerber | | English translation: | cease-and-desist letters by competitors | | Entered by: | Steffen Walter |
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German to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright | | German term or phrase: Abmahnung durch Wettbewerber | title of professional paper or article
"Die Abmahnung **durch** Wettbewerber bei der Verwendung unwirksamer AGB - ein Problem von praktischer Relevanz"
Need some help penetrating through to the meaning here. The "durch" is throwing me. |
| | Clarification request(s) and responseMaureen Holm, J.D., LL.M. (asker): 9:56pm Jul 8, 2004: not my grade - This was automatically graded, not by me as asker. I choose "cease and desist" and that's what I used.
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| | No translation - just a definition | Explanation:
Abmahnung (Wettbewerbsrecht)
Die Abmahnung ist im Wettbewerbsrecht eine Aufforderung, wettbewerbswidriges Verhalten zu unterlassen. Die Abmahnung dient auch dazu, wettbewerbsrechtliche Ansprüche geltend zu machen. Mit der Abmahnung wird der Werbende darüber informiert, dass man seine Werbemaßnahme als wettbewerbswidrig einstuft; zugleich wird der Werbende aufgefordert, diese Werbemaßnahme künftig zu unterlassen. Die beanstandete Werbemaßnahme muss konkret angegeben werden, wobei eine rechtliche Würdigung nicht zwingend, aber sinnvoll ist. Der Abgemahnte muss erkennen können, was ihm vorgeworfen wird.
http://www.unternehmerinfo.de/Lexikon/a/Lexikon_Abmahnung_We...
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Note added at 20 mins (2004-06-14 18:35:52 GMT)
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Attention!
„Abmahnung\"
A weapon of your competitor in the German market
There is no corresponding English word as there is no equivalent legal instrument in English law. You could describe an „Abmahnung\" as a warning letter which mostly is sent by a competitor (or his lawyer) who is arguing that you violate the German law against unfair competition. You may also get such a letter from a consumer organisation or a trade association. When you or your German operator receive this kind of warning letter you should act immediately, otherwise very expensive legal proceedings might begin.
In such a \"Abmahnung\" the warning party usually describes the advertising which (he declares) breaches German law against unfair competition und requests you to sign an undertaking to stop the behaviour objected to immediately, otherwise a contractual penalty will be due.
Often the warning covers more than just the attacked advertising but describes the attacked behaviour in a general manner. There are a lot of provisions which might seem strange to someone used to English advertising standards, such as the restrictions on giving discounts or extras to customers. This ist not the place to list all such regulations. But you should be very cautious and not sign any undertaking without seeking legal advice in German law, especially if the allegedly violating advertising is described in a more general manner. The contractual penalty may be triggered for every further use of the advertising described in the letter, once you have signed the undertaking.
The decision to sign or not to sign the undertaking has to be made quickly. German law allows competitors to set deadlines of a few days or, in very urgent cases, even hours. As soon as the deadline hat run out, the complainant (e.g. competitor, consumer or trade association) may ask the competent court for injunctive relief. If the court considers the attacked behaviour to be a violation of German law against unfair competition, it will issue an ex parte injunction. In this situation legal fees and court fees will already have accrued. The party which loses the case at the end of the day will have to bear all fees and costs, and reimburse all statutory fees paid by the plaintiff.
According to German civil procedure law, legal fees and court costs are calculated on the basis of the value of the subject matter of the dispute. As German courts tend to fix the subject matter value in unfair competition cases at quite a high level (subject matter values of £ 80,000 are not uncommon) the fees and costs involved are also quite high. Thus defending against an \"Abmahnung\" is only advisable if the advertising objected to is significant and/or has been an expensive investment (e.g. involving costs of catalogues, radio or TV spots) and the chances of success are reasonable.
You cannot avoid a \"Abmahnung\" completely because it is part of the concept of German unfair competition law that competitors issue such warnings. Advertising complaints in Germany are governed by a very fast and powerful judicially administered system. However, you can substantially reduce the risk if a specialised lawyer examines any advertising before it is used on the German market. If you expect warning letters, for example because there is very tough competition in your market an you want to try a \"risky\" campaign, your lawyer could submit protective briefs (\"Schutzschriften\") to those courts from which your competitors would most likely seek injunctive relief. This should at least ensure that the court does not make an ex parte order and gives you a hearing.
http://www.avrio.net/allcountrys/NewsAreasCivil.html
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| Selected response from:
Kim Metzger
Mexico
| Note from asker to answererGraded automatically based on peer agreement.
4 KudoZ points were awarded for this answer |
|
15 mins confidence:   peer agreement (net): +2 |
| No translation - just a definition
Explanation:
Abmahnung (Wettbewerbsrecht)
Die Abmahnung ist im Wettbewerbsrecht eine Aufforderung, wettbewerbswidriges Verhalten zu unterlassen. Die Abmahnung dient auch dazu, wettbewerbsrechtliche Ansprüche geltend zu machen. Mit der Abmahnung wird der Werbende darüber informiert, dass man seine Werbemaßnahme als wettbewerbswidrig einstuft; zugleich wird der Werbende aufgefordert, diese Werbemaßnahme künftig zu unterlassen. Die beanstandete Werbemaßnahme muss konkret angegeben werden, wobei eine rechtliche Würdigung nicht zwingend, aber sinnvoll ist. Der Abgemahnte muss erkennen können, was ihm vorgeworfen wird.
http://www.unternehmerinfo.de/Lexikon/a/Lexikon_Abmahnung_We...
--------------------------------------------------
Note added at 20 mins (2004-06-14 18:35:52 GMT)
--------------------------------------------------
Attention!
„Abmahnung\"
A weapon of your competitor in the German market
There is no corresponding English word as there is no equivalent legal instrument in English law. You could describe an „Abmahnung\" as a warning letter which mostly is sent by a competitor (or his lawyer) who is arguing that you violate the German law against unfair competition. You may also get such a letter from a consumer organisation or a trade association. When you or your German operator receive this kind of warning letter you should act immediately, otherwise very expensive legal proceedings might begin.
In such a \"Abmahnung\" the warning party usually describes the advertising which (he declares) breaches German law against unfair competition und requests you to sign an undertaking to stop the behaviour objected to immediately, otherwise a contractual penalty will be due.
Often the warning covers more than just the attacked advertising but describes the attacked behaviour in a general manner. There are a lot of provisions which might seem strange to someone used to English advertising standards, such as the restrictions on giving discounts or extras to customers. This ist not the place to list all such regulations. But you should be very cautious and not sign any undertaking without seeking legal advice in German law, especially if the allegedly violating advertising is described in a more general manner. The contractual penalty may be triggered for every further use of the advertising described in the letter, once you have signed the undertaking.
The decision to sign or not to sign the undertaking has to be made quickly. German law allows competitors to set deadlines of a few days or, in very urgent cases, even hours. As soon as the deadline hat run out, the complainant (e.g. competitor, consumer or trade association) may ask the competent court for injunctive relief. If the court considers the attacked behaviour to be a violation of German law against unfair competition, it will issue an ex parte injunction. In this situation legal fees and court fees will already have accrued. The party which loses the case at the end of the day will have to bear all fees and costs, and reimburse all statutory fees paid by the plaintiff.
According to German civil procedure law, legal fees and court costs are calculated on the basis of the value of the subject matter of the dispute. As German courts tend to fix the subject matter value in unfair competition cases at quite a high level (subject matter values of £ 80,000 are not uncommon) the fees and costs involved are also quite high. Thus defending against an \"Abmahnung\" is only advisable if the advertising objected to is significant and/or has been an expensive investment (e.g. involving costs of catalogues, radio or TV spots) and the chances of success are reasonable.
You cannot avoid a \"Abmahnung\" completely because it is part of the concept of German unfair competition law that competitors issue such warnings. Advertising complaints in Germany are governed by a very fast and powerful judicially administered system. However, you can substantially reduce the risk if a specialised lawyer examines any advertising before it is used on the German market. If you expect warning letters, for example because there is very tough competition in your market an you want to try a \"risky\" campaign, your lawyer could submit protective briefs (\"Schutzschriften\") to those courts from which your competitors would most likely seek injunctive relief. This should at least ensure that the court does not make an ex parte order and gives you a hearing.
http://www.avrio.net/allcountrys/NewsAreasCivil.html
| | Note from asker to answerer| Graded automatically based on peer agreement. |
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20 mins confidence: |
| Warnings from competitors
Explanation:
The "durch" here is really a "by" as in the passive form; "from" is better in English with this construction (i.e. warnings being sent by, coming from)
I would also use the plural rather than the singular because you are talking about something general rather than one specific warning.
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44 mins confidence: |
10 hrs confidence: peer agreement (net): +1 |
| cease and desist letter
Explanation:
Schäfer gibt zwar adhortatory letter für Abmahnung but I would rather use something like cease and desist since there is also a cease and desist order (Unterlassungsverfügung - Dietl/Lorenz), durch die ein unlauteres Geschäft oder Werbehalten untersagt wird.
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The translation workplace 
