Based on a call by the Federal Courtroom of Justice (BGH), influencers are allowed to consult with firms on images with merchandise with out a reference to promoting – if it’s not too promotional. This is applicable, for instance, to so-called faucet tags on images on Instagram, by way of which customers are redirected to the profiles of producers or manufacturers. “The mere indisputable fact that footage on which the product is proven are supplied with” faucet tags “will not be enough for the acceptance of such an promoting surplus”, the very best civil decide of Germany dominated on Thursday in Karlsruhe (I ZR 126/20 , I ZR 90/20, I ZR 125/20).
“In distinction, when there’s a hyperlink to a web site of the producer of the product proven, there’s often an promoting surplus.” The Affiliation of Social Competitors had objected to inadmissible surreptitious promoting and demanded an omission and warning prices. It was about lawsuits in opposition to the influencer Cathy Hummels from Higher Bavaria, who can be recognized past the web, the Hamburg vogue influencer Leonie Hanne and the Göttingen health influencer Luisa-Maxime Huss. The ladies have been now largely proper.
In one case, however, the BGH saw things differently: For a contribution a couple of raspberry jam, one of many influencers had obtained one thing in return from the corporate – with out labeling the contribution as promoting. The judges assessed this as a violation of the regulation in opposition to unfair competitors. A enterprise act in favor of a third-party firm can be current if the contribution is exaggerated in promoting “in accordance with its total impression”, for instance as a result of the deserves of a product are praised with out essential distance and past factual info.
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