It is always surprising to come across judgments which, based on actual clearly formulated laws and relevant case law, are provoked by the parties.
This is how the Berlin Regional Court (WRP 2022, 1437-1440 (judgment of June 28, 2022, 102 O 61/22)) recently ruled.
If editorial and advertising contributions are announced in the newsletter of a computer magazine with almost identically designed “teasers” (each with a headline, a picture, a short text and a colored button with the inscription “Read more”), the separation requirement requires a clearly noticeable reference to the commercial character of the advertising contributions. …
What has long been suspected in the case of influencers (see the numerous blog posts here on the site) and is hardly disputed elsewhere in print, actually follows qua context of meaning for newsletters as well. But the Berlin Regional Court nevertheless confirmed this not too surprising legal opinion.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
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As a lawyer, I do provide legal consultation in Europe and Germany in English and due to my time in the USA and my job history, I am able to provide contract drafting and contract consultation in business English.