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LG Munich: Affiliate links must be sufficiently identified!
Geschätzte Lesezeit: 2 Minuten
Important verdict Recently, the Higher Regional Court had issued a highly interesting ruling on the issue of the identification of affiliate links (see my contribution to this in this post),which I once claimed that 95 of the relevant agencies in the affiliate marketing area are not aware of and the remaining 5 are unaware of […] More
Attention: Affiliates on YouTube, gaming websites and other networks
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All affiliates affected According to my article yesterday on the judgment of the OLG Dresden (see here) that a website must also mark links to affiliate partners in order not to violate any violation pursuant to Section 3, 5 a para. 6 UWG and thus risking a warning seems to have scared a few people […] More
Affiliate links must be marked – otherwise sneaky advertising!
Geschätzte Lesezeit: < 1 Minute
When I reported on influencers and streamers, I keep hearing that courts would treat new media unfairly and that veteran magazines would be able to operate and run unheard of. A recent ruling by the Higher Regional Court of Dresden shows that this is not correct. The latter condemned the magazine Finanztip for stealth advertising […] More
Time and again: Advertising with warranty conditions
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Time and again, advertising with guarantees for certain products is a case for the courts. Sometimes it’s eBay itself, sometimes it’s missing conditions, sometimes it’s unclear conditions. I have written a little more about this in this article. However, this cannot be dispensed with, because many people are probably unaware that the lack of reference […] More
Customer reviews through sweepstakes? Warning!
Geschätzte Lesezeit: 2 Minuten
Sweepstakes are a tried and tested means of marketing for many online retailers, both on their own website and in the social media sector. With services like “Gleam” there are even providers that accompany social media growth and help with things like followers. However, what one does with the results and how one uses them […] More
Influencer: LG Munich decides against the Court of Appeal and other regional courts
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The 4th Chamber of Commerce of the District Court of Munich I today dismissed the action brought by the Association of Social Media e.V. against Cathy Hummels. The VSW demanded that Hummels, who as an influencer runs an Instagram account, refrain from advertising various products or brands on her account, unless they are expressly marked […] More
- in Other, Uncategorized
Is “Sponsored Post” enough as an advertising label?
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At the moment I have a case in which the question arises whether the word “sponsored post” is sufficient as an advertising label, e.g. for influencers. This, of course, goes hand in hand with the decision of the Heilbronn Regional Court, which I discussed in this post. It is true that in this day and […] More
Online Poker may still not be advertised
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Gambling in Germany Gambling providers continue to have a good time in Germany. Only recently, the Koblenz Regional Court ruled that the freedom to provide services would not applyto lottery agencies. Now the Higher Administrative Court of Lüneburg has upheld the online advertising ban for poker providers. The legal basis for the prohibition is Section […] More
- in Warning
LG Karlsruhe: Tagging photos without advertising label
Geschätzte Lesezeit: 2 Minuten
Influencer’s decision-making around tagging brands on Instagram continues. And as has often been said here on the blog, the warning industry is more than actively topical. The lack of and/or incorrect marking of posts on Instagram, videos on YouTube or Twitch or tweets on Twitter quickly become just as expensive a warning threat as the […] More
Advertising for free e-mail no unreasonable nuisance
Geschätzte Lesezeit: < 1 Minute
In the last blog articles I had written a few times regarding the separation of advertising and content, especially with influencers, streamers etc. Today a verdict of the OLG Nuremberg became known, which beautifully shows the demarcation. The procedure was not about influencers, but also about whether advertising was correctly marked. Two electricity providers had […] More
Chamber Court on Influencers and Advertising
Geschätzte Lesezeit: 2 Minuten
In the meantime, there is a few more information about the decision of the Court of Appeal (the Higher Regional Court in Berlin) regarding the circumstance when influencers (and also thinkologically also streamers, esport teams etc. – see my articles on this) have to mark content as advertising . In their decision, the judges of […] More
Influencer/Sneaky Advertising on Twitter
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On the subject of influencer advertising, I have already said a lot here in the blog and recently to the applicability of esports teams. However, I would just like to stress once again that this case-law and the reporting obligations are not limited to certain platforms. Nor that you might call yourself “influencers” or not. […] More
Influencer jurisdiction and esport teams
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Based on my last posts on influencers and social media, as well as the identification of advertising posts and the like, I would like to briefly remind you today that the underlying legal questions and court decisions, almost without exception also esport teams. If an esport team finances itself through one or more sponsors, this […] More
#FreedomOfTagging: Influencer and the VSW
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Currently, the topic is up-to-date again in the problem area Influencer Marketing. This time it concerns Instagram influencer Vanessa Blumenthal, who continues to be in a legal battle with the notorious Social Competition Association. The topic here, too, is the question of whether the tagging and linking of localities and companies must be labelled as […] More
