Attorney-at-law and certified lawyer for intellectual property law, Stephan Schneller, advises and represents companies in main actions as well as in preliminary injunction proceedings in trademark, design, and unfair competition matters.
Infringements in the field of intellectual property—particularly in trademark, design, and unfair competition law—often require swift and decisive action.
In practice, significant economic interests are often at stake:
trademarks are infringed, designs are copied, or unfair advertising is employed.
In such cases, companies face a key question:
How can an evident infringement be stopped effectively and as swiftly as possible?
The answer often lies in enforcing claims through the courts—especially by way of a preliminary injunction.
When is litigation necessary?
Not every infringement can be resolved out of court.
Typical scenarios from practice include:
- Obvious trademark infringements by competitors
- Imitation or copying of protected designs
- Misleading or unfair advertising
- Violations of cease-and-desist declarations
- Trade fairs, events, Social Media
If a warning letter does not lead to the desired result—or if immediate action is required—going to court is often the only option.
Preliminary injunctions: fast legal protection in practice
Preliminary injunctions are one of the most important tools in soft IP law.
They make it possible to stop an infringement swiftly through a court order—often without waiting for lengthy main action proceedings.
Advantages:
- Very fast decisions (sometimes within a few hours, or days)
- Effective enforcement of claims for injunctive relief, information, and seizure
- Strong pressure on the opposing party
Typical areas of application:
- Obvious trademark infringements
- Ongoing unfair advertising campaigns
- Product launches involving legal violations
👉 Often, taking swift action determines whether economic damage can be limited.
Requirements for a preliminary injunction
To obtain a preliminary injunction, certain conditions must be met:
- Claim (legal entitlement)
There must be a clear infringement, for example:
- Trademark infringement
- Violation of unfair competition law
- Unauthorized use of a design
2. Urgency (grounds for injunction)
The applicant must act quickly.
👉 In practice: Waiting too long risks losing urgency—and, therefore, the possibility of obtaining a preliminary injunction.
Strategic importance: timing and preparation
Strategy is critical, especially in interim injunction proceedings.
Experience shows:
- Poorly prepared applications will fail
- Insufficient evidence significantly weakens the position
- Strategic mistakes often cannot be rectified later in the process
👉 Careful preparation is essential for success.
Main action proceedings (regular court litigation)
In addition to preliminary injunctions, standard court proceedings also play an important role, particularly when:
- A comprehensive legal clarification is required
- Claims for damages or destruction of infringing goods are pursued
- Complex legal issues must be resolved
Although main action proceedings take significantly longer, they provide the opportunity for obtaining significant damage claims.
Defending against preliminary injunctions
Not only enforcement, but also defense is crucial.
Companies are often confronted with preliminary injunctions—frequently without warning and with very short response deadlines.
Typical defense strategies:
- Lack of urgency
- No sufficient or questionable infringement
- Procedural/formal errors
- Filing Protective Briefs
- Filing cancellation and nullity actions
👉 Here too: Quick and structured action is essential.
Specific features in trademark, design, and competition law
Soft IP law has several distinctive characteristics:
- High level of specialization among courts and lawyers
- Complex substantive legal issues
- Significant economic importance of individual cases
Decisions are often highly case-specific.
Solid legal analysis and a strategic approach are therefore indispensable.
Speed and strategy are decisive
Litigation in trademark, design, and unfair competition law is not routine.
Preliminary injunctions, in particular, are highly effective—but only when used properly.
👉 Key success factors:
- Rapid results for resonable costs
- Thorough and professional legal preparation
- A clear procedural strategy
Those who take the right steps early can effectively stop infringements and minimize economic damage.
Support in soft IP law
Attorney-at-law, Stephan Schneller, certified specialist lawyer for intellectual property law since 2009, advises and represents companies in main actions and preliminary injunction proceedings in trademark, design, and unfair competition matters—with a clear focus on swift, strategically sound solutions for enforcing and defending claims.