Frankfurt 
Attorneys against Unfair Competition in Germany: Legal Representation of Companies and Entrepreneurs
The German Law against Unfair Competition has evolved significantly in recent years as a consequence of numerous new regulatory requirements from the European Union. While some EU directives seek full harmonization in the EU, e.g. in the field of comparative advertising, other EU directives provide the individual EU countries with some leeway to enact stricter national rules on the respective subject, e.g. in the area of misleading advertising.
At the end of 2020, the German Law against Unfair Competition has been fundamentally amended. A basic understanding of the legal history of this law is required in order to be able to correctly interpret and apply the current provisions of the law.
In our litigation law firm, Attorney Dr. Christian Seyfert, LL.M. will handle the unfair competition case of your company. Christian is a Certified IP Law Specialist and a Certified Copyright & Media Law Specialist and has been dealing with unfair competition cases in court for the last 16 years. During this time, he has represented companies and entrepreneurs from outside of Germany in competition law matters in Germany. Litigation in competition law matters is Atty. Dr. Seyfert’s forte and he would welcome the chance to fight for your case.
Typical cases of application / areas of the law against unfair competition in Germany:
- Corporate personality rights: protection of the good reputation and economic appreciation of your business
- Protection against imitations of the goods and services of your company
- Unauthorized commercial exploitations of your business achievements
- Unauthorized use of your company’s intellectual property rights (trademarks, patents, utility models, industrial designs, copyrights, etc.)
- Unauthorized use of the trade name or other characteristics of your company or your business model
- Misleading advertising by competitors
- Comparative advertising by competitors
- Unconscionable pestering of any kind
- Defamatory media reports and defamatory press reports
Legal Representation in Special Areas of German Competition Law
ZELLER & SEYFERT will also legally represent your company in the various special areas of German competition law. The German Act against Unfair Competition refers to a set of provisions from German laws which regulate certain special aspects of fair trade on the German market. The violation of such provisions regularly constitutes unfair competition in the German market to the detriment of other fair competitors. Attorney Dr. Christian Seyfert, LL.M. is specialized in particular in the following special legal areas of German competition law:
- E-Commerce & Internet
- Telemedia Law
- Law on Price Quotations in Advertising
- Youth Protection Law
- Privacy Law / Data Protection Law
- Law on Advertising in the Health Care System
- Law on Medicinal Products
- Pharmaceutical Drug Law
- Food Law
- Food Labeling Law
- Gambling Law
Legal Representation before German Civil Courts
ZELLER & SEYFERT is a German litigation law firm with experienced litigation attorneys who have specialized in certain legal fields of law. They have represented companies before German civil courts for many years. In particular, the following claims against an unfair competitor can be enforced before German civil courts:
- Injunctive relief against the unfair behavior of your competitor on the German market
- Claims for information on the nature and extent of the unfair behavior of your competitor on the German market
- Claims for damages against the unfair competitor
Legal Representation in Summary Proceedings (Speedy Trial)
If a competitor acts unfairly in the German market to the detriment of your company, urgent legal action is regularly needed to stop the unfair behavior of your competitor for the future. ZELLER & SEYFERT‘s attorneys will quickly enforce the competition rights of your company on the German market and seek an immediate injunction against the unfair competitor in a summary proceeding (speedy trial) before the commercial chamber of a competent German civil court. Our attorneys know the peculiarities of summary proceedings before the commercial chambers of German civil courts, particularly on issues related to competition law.
Legal Representation before German Administrative Courts
If your company has problems with the German authorities, in particular the German supervisory authorities, our attorneys will represent your company proficiently before the German administrative courts in order to get any burdening restraining order by the German authorities cancelled.
Warning Letters – Legal Representation out of court
According to German law, claimants of certain legal rights generally have the burden of first sending a warning letter out of court to the party which is violating their rights. Such an obligation also applies to claimants of anti-competition claims against unfair competitors. The warning letter shall mainly achieve three things:
- It shall inform your unfair competitor about its acts and omissions in violation of the German law against unfair competition;
- it shall seek a possible settlement between the two competing parties; and
- it shall seek an end to the unfair business practices of your unfair competitor for the future.
Rushing with an unfair competition case to a German civil court without prior requesting from the unfair competitor that they shall cease and desist from their unfair business practices may otherwise result in your company having to pay the fees and costs of the entire lawsuit (i.e., court fees and attorney fees of both parties) even if your company later wins the anti-competition lawsuit.
Legal Analysis of your Online Shop for Errors (E-Commerce)
Do not provide your German competitors with a target. If your online shop or your online company is not in compliance with German statutory provisions regulating e-commerce and how to do business lawfully on the Internet, your company may receive warning letters from German competitors or German consumer protection associations. Furthermore, these warning letters are not free of charge. If the content of the warning letter is accurate, your online company must pay damages plus the attorney fees and other expenses of your competitor on whose behalf the warning letter had been sent.
Defending Companies against Unfair Competition Claims of others
If anti-competition claims have been put forward against your company in Germany and allege that your company has acted unfairly in business on the German market, our attorneys will quickly evaluate the legal situation for your company and develop a solid defense strategy for your company. If your company has already received court documents from a German court based on unfair competition allegations or legal documents from Germany or a German court order has been served to your company otherwise, an immediate response by a German lawyer is usually necessary to meet all pending deadlines set by the German court.
Litigation in unfair competition matters is our attorneys’ forte. Our attorneys will defend your company competently with years of practical legal experience in unfair competition matters before German courts.