Talk:Abmahnung

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Errors[edit]

"German law permits attorneys to file suit to bring an end to an observed wrong done to a third party, whereas in the United States, parties must have standing to sue (i.e. only the wronged party can sue)"

This is not correct. German law also requires standing; for example, if A violates B's rights (e.g. by distributing B's copyrighted materials without license), B (or his lawyers) can send a c&d or file suit, but not any lawyer C totally unrelated to the parties. (magicmulder, 2010-10-19) —Preceding unsigned comment added by 195.82.64.222 (talk) 14:06, 19 October 2010 (UTC)[reply]

I don't think your opinion is quite correct. I've restored the removed text and added some references. -- Michael Bednarek (talk) 02:17, 20 October 2010 (UTC)[reply]

I have to agree with 195.82.64.222. See for an Example http://anwalt-im-netz.de/wettbewerbsrecht/abmahnung-faq.html and http://www.gesetze-im-internet.de/uwg_2004/__8.html P91 (talk) 02:22, 19 May 2013 (UTC)[reply]

Thank you for those links. The first link mentions that a legal barrier has been created to disallow abuse; is that new? In the second link, §8 of the UWG lists 3 classes of parties with standing. I don't understand who is meant with the definition in section 3 of that paragraph – "registered qualified institutions"? Anyway, I can find nothing of this in the German article de:Abmahnung – it doesn't seem to mention "standing". E.g., I find it difficult to imagine a party having standing under §8 UWG for infringements regarding web page impressums, but I understand that thousands of those are issued. Then again, I read at http://www.iggdaw.de/wer-mahnt-was-ab that only right holders are allowed to issue Abmahnungen, law firms by themselves are not. I suppose the article could do with some serious rewrite. -- Michael Bednarek (talk) 12:11, 19 May 2013 (UTC)[reply]

Please delete the wrong facts[edit]

A lawyer in Germany not only needs a client to do this, he additionally needs a client who is in the situation of competing with the very person or company adressed. Please delete the wrong facts.— Preceding unsigned comment added by 88.130.39.255 (talk • contribs)

I have tagged the passage for now... Please feel free to correct and add relevant references. Thanks. --Edcolins (talk) 19:08, 22 July 2014 (UTC)[reply]

@Edcolins:Years later... I have corrected the issue. --Asmodea Oaktree (talk) 02:17, 30 November 2021 (UTC)[reply]

@Asmodea Oaktree: Thanks! --Edcolins (talk) 20:35, 4 December 2021 (UTC)[reply]