Competition and advertising

Launching new products and advertising them in a market economy is subject to certain requirements, which are particularly governed by the Act against Unfair Competition. Even before product launches, we will guide you through the jungle of court decisions that must be observed to avoid costly warnings. Our lawyers are keeping pace with the latest trends and are also renowned experts in online marketing. We will also defend you in court cases and outside of court against unjustified attacks by competitors and will assist you in taking action against market participants trying to create advantages for themselves by unfair means, such as misleading advertising or product imitation.


Act against Unfair Competition

In recent years, European competition law has been harmonized piece by piece by way of new Directives, with consumer protection gaining ever more importance. It remains our objective to provide our clients with the best possible advice, for instance on protection against imitations or misleading advertising, and in particular on

  • warnings and declarations of cease and desist declarations
  • Price Indication Ordinance
  • filing of protective letters
  • enforcing your claims in court
  • imitation
  • discounts, sweepstakes, and direct marketing
  • enforcement of rights at trade shows

Advertising

Before a new product sees the light of day in German or European markets, it has to overcome several legal hurdles. And that is a good thing, too – after all, we all want to be able to rely on the innovative headphones or the Omega 3 facial cream delivering what they promise.

We support our clients in developing and implementing legally compliant advertising activities – from individual advertising statements to large-scale campaigns.

If you still receive a warning letter from a competitor, quick reaction is required. Otherwise, you may be facing a court order for a temporary injunction without prior hearing. We defend you against unjustified claims, where necessary also in court.

We also advise you on combating both illegal and misleading advertising. Our experts have extensive litigation experience and will find the best strategy to enforce your claims.

In advertising law, we advise on the following topics:

  • legal advice on advertising activities
  • corporate identity in social media
  • defending against unjustified claims from competitors
  • protecting against unauthorized advertising, including in the following areas:
    • comparative advertising and advertising with a leading position
    • seals of quality and awards
    • (geographical) origin
    • eye-catching advertising
    • ambiguous information
  • drafting contracts, including agency contracts, production contracts for commercials, product placement and sponsoring contracts, testimonial contracts

Advertising is one of the key areas of our firm. Therefore, SKW Schwarz is one of the founding members of the Branded Content Marketing Association (BCMA) for the German/Austria/Switzerland region. Our lawyers are sought-after contact persons for advertising law, for example as speakers at international conferences such as dmexco. Brands, Social Media & Influencer Marketing is one of the focus areas of our firm.