Unterlassungsansprüchen

Unterlassungsansprüchen, often translated as claims for injunctive relief or cease and desist orders, are legal remedies available in German law. They are designed to prevent a party from continuing or repeating a wrongful act. The core purpose of an Unterlassungsanspruch is to stop ongoing or threatened infringements of rights.

These claims are typically sought in cases involving intellectual property rights such as copyrights, trademarks, and patents, but can also arise in other areas like personality rights or competition law. For instance, if a company uses another company's trademark without permission, the trademark owner may pursue an Unterlassungsanspruch to force the infringing party to stop using the mark.

To be successful, the claimant must usually demonstrate that an infringement has occurred or is likely to occur and that they have a legitimate interest in its cessation. This often involves proving ownership of the right being infringed and that the defendant's actions constitute a violation. The court will then decide whether to issue an injunction, which can come with penalties for non-compliance, such as fines. An Unterlassungsanspruch is a proactive legal tool aimed at preventing further harm rather than solely seeking compensation for past damages.