Germany is a jurisdiction in which ex-parte injunctions in trademark matters are frequently used and, in many cases, vigorously enforced. Once an injunction has been granted, it is often difficult to turn the case around in a subsequent hearing. This workshop demonstrates how an instrument called “protective letter” (Schutzschrift) can be used to make sure that the judge takes into account the defendant's arguments even if there is no oral hearing, often preventing an ex-parte injunction. This workshop will provide some insight into the use of protective letters in German civil procedure.
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