Waldorf Frommer Warning: 5 Important Facts and Rules of Conduct

Waldorf Frommer cease-and-desist letter: The law firm can't let it go - time and again it sends countless cease-and-desist letters to Internet users.

The accusation is always the same - the recipients are said to have illegally shared movie and music files on the Internet.

The law firm's letter quickly gives the impression that you are liable for copyright infringement and must pay a large fine.

In many cases, you are not liable at all and are anything but without a chance!
Respond to dubious letters to protect yourself from unjustified claims.

In this article, I explain what you absolutely must pay attention to.

Content

1. What should I do in the event of a Waldorf Frommer cease-and-desist letter?
2. Why should I not ignore warning letters from Waldorf Frommer?
3. What is Waldorf Frommer currently warning about?
4. What is demanded in a Waldorf Frommer cease-and-desist letter?
5. How can I help you as a specialist lawyer in case of a warning by Waldorf Frommer?
Summary

1. What should I do in the event of a Waldorf Frommer cease-and-desist letter?

Do not act hastily on your own if you are the addressee of a warning letter from Waldorf Frommer.

Affected persons should seek legal advice immediately!

The law firm Waldorf Frommer specializes in the prosecution of copyright infringements on the Internet - in other words, an experienced adversary.

Please take the following to heart before you come to me:

1. Keep calm
2. Do not settle a payment request
3. Under no circumstances sign the cease-and-desist declaration with penalty clause
4. Do not try to contact Waldorf Frommer on your own and settle the matter alone

Attention: However, you must not simply let the warning slip under the table!

2. Why should I not ignore warning letters from Waldorf Frommer?

Waldorf Frommer is probably the "busiest" law firm when it comes to warning letters. Therefore, you should assume that the warning is genuine.
It happens again and again that fake cease-and-desist letters are in circulation. Waldorf Frommer itself was also affected by unknown persons sending fake cease-and-desist letters in the law firm’s name by e-mail with payment requests. However, this wave of fraud is no longer current.

Tip: In the vast majority of cases, the "real" letters arrive by mail. Warning letters by e-mail are theoretically possible but rare. So be alert.

Especially if you are asked to transfer money to a foreign account or via a payment service. If in doubt, let a lawyer decide whether it is an actual warning or a rip-off. Better safe than sorry.

Important: If the person being warned does not act, this will have unpleasant consequences for them. Waldorf Frommer can

• apply for an injunction or
• bring an action for a request.

These options exist regardless of whether the warning is justified or not. If you do not respond to a warning at all, do not respond appropriately, or do not respond in time, you run the risk of a legal dispute and an increased risk of costs.

To be taken into account: Waldorf Frommer's cease-and-desist letters are often not plucked out of thin air. The law firm has actually sued several thousand Internet users.

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3. What is Waldorf Frommer currently warning about?

The following films, series, photos, and music albums are currently the subject of numerous warning letters. In addition, the respective rights holders are presented:

Movies:

• Logan – Twentieth Century Fox Home Entertainment Germany GmbH
• The Darkest Minds - Twentieth Century Fox Home Entertainment Germany GmbH
• Alien: Covenant - Twentieth Century Fox Home Entertainment Germany GmbH
• Edge of Tomorrow – Warner Bros. Entertainment GmbH
• Rampage [Rampage- Big meats Bigger] - Warner Bros. Entertainment GmbH
• 300: Rise of an Empire - Warner Bros. Entertainment GmbH
• Im Herzen der See - Warner Bros. Entertainment GmbH
• Wonder Woman - Warner Bros. Entertainment GmbH
• La La Land, Studiocanal GmbH

TV-Episodes/Series:

• Homeland – Rebel, Rebel, Twentieth Century Fox Home Entertainment Germany GmbH
• Young Sheldon – Cape Canaveral, Schrödinger´s Cat und Cyndi Lauper´s Hair, Warner Bros. Entertainment GmbH

Photos:

• Photografer Florian Sommet - Great Bowery Deutschland GmbH

Music albums:

• Wir sind Angst, Callejon - Sony Music Entertainment Germany GmbH

4. What is demanded in a Waldorf Frommer cease-and-desist letter?

The warning letters usually contain three demands:

1. compensation for damages: The law firm points out that the rights holder is entitled to pay claims due to the copyright infringement. Waldorf Frommer is not squeamish about the sums they call up as damages. Payment demands of 915.00 euros for a movie or around 1000.00 euros for several series episodes are typical.

2. compensation for legal costs: It should be noted here that, according to the law, the attorney's fees claimed may now no longer exceed a certain amount. The claims of Waldorf Frommer are nevertheless so considerable because they set the damages so high. At the moment, it does not look as if case law will put a stop to this.

3. cease-and-desist claims: The law firm Waldorf Frommer also encloses a pre-formulated cease-and-desist declaration in the letter, which the person concerned is supposed to sign. As soon as the person being warned signs this declaration, they give a legally binding assurance that they will refrain from the offending act in the future.

Not only that: they also undertake to pay a contractual penalty in the event of the repeated infringement. And this penalty is worth several thousand euros.

Please note: A cease-and-desist agreement is thus concluded between the person warned and the person issuing the warning, which is valid for at least 30 years.

5. How can I help you as a specialized lawyer in case of a warning by Waldorf Frommer?

A Waldorf Frommer warning letter is sent to the Internet connection owner, but the owner is often not responsible for the copyright infringement.

• The legal situation is somewhat more complex. The accusation of copyright infringement is not necessarily true: In families or flat-sharing communities, several users usually use the same Internet connection, and unknown third parties may also have used the W-LAN access without permission. Therefore, I first check whether you are entitled to receive the warning notice at all.
  It is, therefore, always necessary to check individually who was involved in the file-sharing. Perhaps the connection owner is liable for injunctive relief and, if applicable, for payment of pro-rata attorney's fees because they negligently made the file-sharing possible via their Internet connection - but not for damages because they were not themself involved in the copyright infringement. As a specialist attorney for industrial property rights, I will help you to clarify such facts and to prove them in a legally secure manner.
• Even if the person being warned has illegally exchanged files on the Internet, an expert should assess whether the demanded costs are reasonable.
• Legal expertise is also urgently required to adapt the attached cease-and-desist declaration to be fair for the file sharer.
• The draft is naturally formulated in favor of the person issuing the warning and usually goes much too far in content. The amount of the contractual penalty is also generally not appropriate.
• Affected parties should not rely on modified cease-and-desist declarations that are available as templates on the Internet. These are standardized and do not do justice to your case.
• If necessary, I will also support you in issuing a counter warning and defend you if a legal dispute actually arises.

Summary

• If you have received a cease-and-desist Waldorf Frommer, you should
  • Remain calm
  • not pay the demand for payment
  • Under no circumstances sign the cease-and-desist declaration with penalty clause
  • act hastily on your own initiative, seek legal advice
• You may not ignore the warning Waldorf Frommer can
  • apply for an injunction or
  • file a lawsuit for injunctive relief.
• The warning letters usually contain three claims:
  1. compensation for the damage incurred
  2. compensation for legal costs
  3. injunctive
• The very first thing I check is whether you are entitled to the warning at all.
• The Internet connection owner is not always involved in file sharing, and the accusation against them is false.
• Do not use templates for modified cease-and-desist declarations from the Internet.
• Let a specialist lawyer modify the cease-and-desist declaration to suit your case.

image source: © stadtratte / panthermedia.net