What steps should be taken when designing advertising materials to avoid competition law problems?
June 16, 2024 | 30,00 EUR | answered by Georg Sauer
Dear Lawyer,
I am Dennis Hahn and I have a small company specializing in the distribution of sports clothing. Lately, I have started to create more advertising materials such as flyers, posters, and social media ads to promote my products and attract new customers. I have realized that there are many legal aspects to consider in order to avoid any problems related to competition law.
Currently, I am unsure about the exact steps I need to take when designing my advertising materials to ensure that they comply with legal requirements. I am concerned that I might unknowingly violate competition laws and risk legal consequences for my company.
That is why I would like to know from you what specific steps I should take in the design of my advertising materials to avoid competition law issues. Are there specific legal regulations that I need to consider when using images, texts, or statements in my advertising materials? What information should be included in my advertisements to ensure transparency and legal correctness?
I would greatly appreciate your expert advice to ensure that my advertising materials comply with legal requirements and that my company does not encounter legal troubles. Thank you in advance for your help.
Best regards,
Dennis Hahn
Dear Mr. Hahn,
Thank you for your inquiry regarding the legal requirements for designing advertising materials for your company in the field of sportswear. It is very important to be informed about the applicable laws and regulations in the field of competition law to avoid legal issues.
First and foremost, it is important to note that advertising materials are subject to competition law provisions that ensure that advertising is fair, transparent, and not misleading. In Germany, competition law is mainly regulated in the Law Against Unfair Competition (UWG). The UWG, for example, prohibits misleading advertising, unfair comparative advertising, and harassing advertising.
When designing your advertising materials, make sure that all the information you use is true, clear, and understandable. Avoid making misleading statements about your products or services. If you make comparisons to other providers, they must be fair and objective, without denigrating the competition. Additionally, make sure to provide the necessary information such as imprint, prices, and information on the right of withdrawal in your advertising materials.
Regarding the use of images and texts in your advertising materials, make sure that you either own the rights to these contents or have obtained the appropriate licenses for them. Avoid using protected trademarks or logos without permission. Also, make sure that your advertising materials do not violate copyright laws.
It may also be useful to stay informed about the current developments in advertising law, as the legal requirements in this area often change. It can be helpful to seek advice from a specialized attorney to ensure that your advertising materials comply with legal requirements.
I hope this information helps you in designing your advertising materials and I am available if you have any further questions. Thank you for trusting in my expert advice.
Sincerely,
Georg Sauer
Attorney specializing in competition law
