German Supreme Court stands firm on liability for unjustified warning letters

In one of its very rare decisions, the Grand Senate of the GermanSupreme Court has ruled that intellectual property right ownersface damages claims if they issue warning letters in cases wherethere is no infringement and the claim has been brought at leastnegligently, thus putting an end to the tendency in some Germancourts—including the First Senate of the German SupremeCourt itself—to lessen the liability of senders of unjustifiedwarning letters.