Walnut Creek, CA asked in Copyright and Intellectual Property for California

Q: a German attorney is threating to take us to court unless we sign Declaration of Cease and Desist

He sent an email threating to take us to court under the German Law if we didn't sign this by

9/30/2020- The person named below as respondent

1Zumba address (respondent) hereby undertakes in respect of

Anthony Ayiomamitis, Oropos (www.perseus.gr) (complainant)

to immediately refrain from making, or causing others to make, the photograph reproduced here

publicly available without the consent of the complainant, with particular reference to the publication thereof

on the Internet. The respondent reimburses the complainant for the legal fees that incurred due to the infringement and for the

damages, calculated with the industry average represented by the MFM-tables (Mittelstandsgemeinschaft

Foto-Marketing). In case of a breach of contract, the respondent undertakes to pay to the complainant a contractual penalty of

5,001.00 EUR for each case of culpable infringement.Place of jurisdiction in any dispute of this contract is Berlin, Germany. Applicable law is German

1 Lawyer Answer
Timothy John Billick
Timothy John Billick
  • Intellectual Property Lawyer
  • Seattle, WA

A: He would have to demonstrate that he could get jurisdiction over you in a German or EU court. I have no idea what actions he is accusing from this above description, but it seems unlikely he would be able to accomplish this feat. You should consult with a copyright lawyer with DMCA experience as to how to best respond.

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