Specialist Lawyer for IT law
Phone: +49 (0) 221 / 97 31 43 - 73
The (with penalty clause) cease and desist obligation seems to be the correct reaction on a justified warning. With this declaration the party cautioned commits himself to desist from the behaviour that forms the object of the warning. If there is already a violation, it is important that the written undertaking includes a contractual penalty i.e. a declaration with penalty clause. Only by giving a cease and desist declaration with penalty clause can we prevent a preliminary injunction to being ordered.