Intellectual Property

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 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 also defend you in court proceedings 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.

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Competition law serves to govern competition between market participants to ensure free and fair competition on the merits.

We know the limits of what is legally permissible and advise our clients on legally compliant branding. Our team of specialized lawyers has expert knowledge from a wide range of industries, which in competition law is just as important as awareness of the constantly changing case law. This sector knowledge enables us to provide our clients with comprehensive advice, particularly in digital advertising.

Our special expertise in this area is also confirmed by independent sources: SKW Schwarz is listed in the “Legal 500” ranking of the best German law firms in competition law.

UWG

Durch neue Richtlinien ist das europäische Wettbewerbsrecht in den letzten Jahren stückweise harmonisiert worden und gleichzeitig der Verbraucherschutz stärker in den Vordergrund gerückt. Unverändert ist es unser Anspruch, unsere Mandanten etwa beim Schutz gegen Nachahmungen oder irreführende Werbung optimal zu beraten, insbesondere zu:

  • Abmahnungen und Unterlassungserklärungen
  • Preisabgabenverordnung
  • Hinterlegung von Schutzschriften
  • Durchsetzung Ihrer Ansprüche vor Gericht
  • Produktnachahmung
  • Preisnachlässen, Gewinnspielen und Direktmarketing
  • Rechtsdurchsetzung auf Messen

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 – 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, if 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, in particular 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 experts 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. 

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