Interim injunction

Received an interim injunction?

We will be happy to assist you with your defense.

A temporary injunction is a court decision in summary proceedings. The temporary injunction can be issued without you being heard or informed. However, you have the right to appeal against the interim injunction, namely an objection and - if an oral hearing has taken place - an appeal.

The legal procedure for interim injunctions is only rudimentarily regulated by law. There are many special features that can be exploited to win on formal grounds. For example, if the other party has been aware of the alleged infringement for longer than a certain period of time, the interim injunction may have to be lifted for this reason alone (i.e. without further examination of the content). The exact deadline for this depends on the jurisdiction of the respective court and is usually between one month and two months.

In addition to a defense on purely formal grounds, the substantive legal action against the substantive accusation is therefore central. If, for example, you are accused of violating a competition regulation under the Act against Unfair Competition (UWG) or of violating name rights or trademark rights (e.g. under the Trademark Act / MarkenG or the Community Trademark Regulation / GMDV), this accusation must be examined and refuted in terms of content.

The opposing party often applies for an interim injunction after a warning letter has been sent. For further details, please refer to our presentation on the defense against a warning letter.