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No more phone numbers in the cancellation declaration?
Geschätzte Lesezeit: < 1 Minute
The ECJ has recently taken a landmark decision on the issue of providing a telephone number in the imprint(see this article). Now I got some questions about what it would be like to have a phone number in the cancellation declaration? On the question of telephone number there are already OLG decisions(see, for example, this […] More
OLG Frankfurt on Influencer & Sneaky Advertising
Geschätzte Lesezeit: 2 Minuten
If an influencer recommends a product without specifying its commercial purpose, this constitutes prohibited disguised advertising if he or she is working full-time with the product’s business unit and has business relations with the companies whose business products he recommends. On this basis, the OLG Frankfurt am Main yesterday banned disguised advertising on Instagram. The […] More
Time and again: Advertising with warranty conditions
Geschätzte Lesezeit: < 1 Minute
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
Attention to Analytics without anonymization
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Actually, it is an old hat that you should not use Google Analytics in Germany without AnonymizeIP. There is a threat of warnings, damages and, in case of doubt, the raised index finger of a data protection officer. However, it is currently very controversial in German courts whether GDPR warnings could be admonished at all […] More
Can Amazon view alternative products in search?
Geschätzte Lesezeit: 2 Minuten
The I.E. Civil Senate of the Federal Court of Justice, which is responsible for trademark law, among other things, has to decide whether an internet trading platform may use a trademark in advertisements in the context of a Google search, if the offer list linked to the ad is not only products of this brand, […] More
BGH on Liability for Video Uploads of Third Parties
Geschätzte Lesezeit: 2 Minuten
The Federal Court of Justice has delivered an interesting verdict on the question of liability for video uploads of third parties! The decision was about the following facts: The MDR published untrue facts in a television article, just as it can happen to any streamer or YouTuber. He was warned about this. The lawsuit against […] 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
in Other, UncategorizedInfluencer: Federal Government wants to create new regulation
Geschätzte Lesezeit: 2 Minuten
Although the case law around influencers is currently subject to a clear trend, which can be clearly seen in various posts on the blog, the uncertainty is still great. This applies above all with regard to the demarcation to non-labelling content. That is why the Federal Government is now planning a new legal regulation on […] More
in CopyrightCopyright: Dispute value cap per subject matter of dispute
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On 24.05.2019, the Mannheim Regional Court ruled that the value of the subject-matter for the calculation of the right to reimbursement of costs for the legal fees for a copyright warning to private individuals is capped at EUR 1,000.00, but this value is not per warning, but per subject matter of the dispute. The provisions […] More
OLG Köln decides on click-baiting
Geschätzte Lesezeit: 2 Minuten
A programme magazine has to pay a well-known TV presenter 20,000 euros because it has illegally used his image as a “click bait”. This was decided by the 15th Civil Senate of the Higher Regional Court of Cologne by judgment of 28.05.2019. The magazine had posted four pictures of celebrities on its Facebook profile, along […] More
Attorney’s fees of a warning association not refundable
Geschätzte Lesezeit: < 1 Minute
If a competition association itself has issued a warning and asks the admonisher to provide further explanation of this warning, the costs incurred by the association for a subsequent letter of explanation shall not be refundable if: that explanation of the assessment at the time of the warning was not associated with any additional difficulty […] More
LG Stuttgart: GDPR violations cannot be warned
Geschätzte Lesezeit: < 1 Minute
The dispute between different courts over whether data breaches can be warned by competitors is somewhat similar to whether and what influencers need to identify. In both cases we have new legal issues, courts that have decided differently and felt for each resolved problem two new ones. However, the Stuttgart Regional Court has now also […] More
in Other, UncategorizedPromotion with discount codes = sneaky advertising?
Geschätzte Lesezeit: 2 Minuten
Comparison to influencer sneaking advertising I have already written in the blog about the current verdicts on influencers and sneaky advertising. You can read this directly from the search here. I also explained that the topic also affects other influencers, streamers or esports teams. Although the risk is really very high to receive a warning […] More
- in Other, Uncategorized
LG Hamburg on Influencer Advertising and “Sponsored Content”
Geschätzte Lesezeit: 2 Minuten
The problem of influencer sneaking advertising The District Court of Hamburg agrees with the rulings on influencers and sneaky advertising. So far, only the District Court of Munich has shown a different tendency(a summary can be found in this post). It is interesting that the verdict is NOT about Instagram, but about an interactive magazine […] More
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