Received a cease-and-desist letter over your imprint or T&Cs — what now?
A cease-and-desist letter over a defective imprint or invalid terms and conditions calls for fast but considered action. What to watch out for now — and why you shouldn't simply sign the enclosed declaration to cease and desist.
A letter headed “cease-and-desist notice” (Abmahnung) rarely lands in the inbox expected — and usually comes with an enclosed declaration to cease and desist and a short deadline for signature. That is precisely where the first trap lies: many pre-drafted declarations go further in substance than is legally necessary, tying you for years to wording that overshoots the actual infringement. Anyone who signs hastily now, instead of examining the notice carefully, risks unnecessary disadvantages.
How I can help you
- Checking whether the alleged infringement — for example in the imprint or the terms and conditions — actually exists
- Checking the formal standing of the party issuing the notice and of the notice itself
- Drafting a modified declaration to cease and desist that goes no further than necessary
- Deadline monitoring and communication with the other side
- If you have received the notice as a consumer: making enquiries with your legal expenses insurer
What you should do first
Don’t rush to check for yourself whether the allegation is correct, and don’t sign anything without reading the declaration line by line. Pre-drafted declarations to cease and desist frequently contain contractual penalty clauses and wording that reaches beyond the specific occasion — once signed, they are difficult to get out of. Deadlines in these notices are usually short, often just a few days; that is deliberate, to create pressure. Act promptly, therefore, but have the notice assessed legally first before you respond.
More on cease-and-desist notices, imprints and terms and conditions on the Contract Law topic page.
How I proceed for you
I first check whether the alleged infringement actually exists and whether the notice is formally in order. If it turns out that a genuine deficiency exists, I usually draft my own modified declaration to cease and desist that remedies the infringement without going beyond it. If the notice was unjustified or excessive, I reject it with reasons. If you are affected as a consumer, I clarify cost coverage with your legal expenses insurer. I discuss the costs of the initial consultation transparently at our first meeting.
Get in touch promptly — with short deadlines, every day counts.
This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-06-25.
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