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Advertising

Everyone doing business must observe the regulations stipulated under the Act against Unfair Competition as well as a multitude of further regulations. The Unfair Competition Act serves the purpose of protecting competitors, consumers and other market participants against unfair commercial practices. Anyone who advertises in an unlawful manner can expect to receive a warning letter and be liable to pay costs and damages while having to declare their willingness to refrain from continuing their inadmissible practice. We can help you to avoid mistakes and to ensure that your advertising hits the mark.

 

Competition Law

Competition law is highly important in the field of advertising. Having advised companies within contentious industries for many years, we are among the law firms with the most experience in defending or enforcing claims in court. We also advise advertising agencies in the development of new advertising and promotion strategies and review our clients’ advertising and marketing measures to avoid third-party attacks.

Beyond general competition law, special regulations must be observed in the design of advertising in many industries, such as the distribution of pharmaceuticals and medical devices, tobacco products, electronic goods, motor vehicles as well as motor vehicle parts. Our range of consulting services also covers these areas. Furthermore, we have proven expertise in legal issues relating to online marketing, including direct marketing.

 

 Online Marketing

Online marketing is highly important for all companies and is becoming more and more significant for the sales strategy. We look back on many years of expertise in all legal questions regarding online marketing, direct marketing, and data protection, having acted as advisers for companies, advertising agencies and a conference.

On the one hand, we regularly scrutinize websites as to whether they abide by all relevant regulations arising from data protection and competition law. On the other hand, legislation has shaped the rules for marketing strategies using search engine optimization methods such as, in particular, keyword advertising, affiliate and ambush marketing as well as native advertising; all of these are our areas of expertise so that we can help you to stay on track.

We are also particularly experienced in the fields of viral and social media marketing, also with the aid of influencers. Our consulting services encompass the planning and realization of your advertising and marketing campaigns and the optimal utilization of your social media profile within the boundaries set by law. It is becoming more and more important to be aware of what is allowed to be done online, and what is not, particularly if you act as a professional business as opposed to a private person. We will advise you in setting up a web presence for your company with legal certainty in order to avoid the many pitfalls in the use of platforms such as YouTube, Facebook, Instagram or Twitter.

 

Media Law

Media coverage of political, economic and societal events on television, the radio, the internet or in newspapers and magazines often leads to disputes between the media and the persons being reported on. More so now than ever, this also applies to opinions being given on products or companies, as not only human beings, but also businesses are entitled to protect their personality rights. In these cases, it is very important to correctly assess the legal aspects of the matter with regards to the fundamental right to freedom of expression while avoiding negative reactions online, particularly widespread and vociferous outrage on social media. This is another area of expertise in which we can quickly and effectively act on your behalf in order to:

  • Have google entries containing false claims or obsolete reports related to your name removed
  • Have negative opinions removed from search engines, review sites or platforms
  • Take action against unmerited or abusive criticism and false claims
  • Take action to enforce your legal right to publicity and to protect your name, image and likeness
  • Prevent and remove insults and defamatory comments from social media