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Influencer Marketing. Case law of the Federal Court of Justice
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The Federal Court of Justice (BGH) has established legal certainty regarding the unfair competition law requirements for influencer marketing through a series of decisions. A distinction...

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German Federal Court of Justice on Social Media Advertising for Products provided free of Charge

Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a...

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Labelling requirements for influencer marketing in Germany

It’s hard to think of a name brand that hasn’t used an Influencer to promote their products. But online where your English language advertisements can be found by, and may even...

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German Federal Court of Justice decision: Finally more legal certainty regarding influencer marketing

Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label...

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Dealing with social media influencers: Germany

In this publication, first issued as a LexisNexis Practice Note in February 2021, Yvonne Draheim and Sabrina Mittelstaedt deal with influencer marketing in Germany. It...

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Dealing with social media influencers: Germany

In this publication, first issued as a LexisNexis Practice Note in February 2021, Yvonne Draheim and Sabrina Mittelstaedt deal with influencer marketing in Germany. It...

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Competitor of "Captain Iglo" can advertise with "best age" model against maritime backdrop

The Munich District Court I ruled by judgment of 3 December 2020 (17 HK O 5744/20) that an advertisement of a manufacturer of fish products with a handsome older model or "best...

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German Court: Use of Instagram "tap tags" not commercially unfair if commercial intent is obvious
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In a recent case, the Higher District Court of Hamburg sided with a German influencer in a decision dealing with the obligation to label commercial posts on Instagram as advertisement ...

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Higher Regional Court of Karlsruhe: Links hidden as "tap tags" are to be labelled as advertising

A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands....

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