How can I ensure that my advertising campaign does not violate competition law?
July 23, 2022 | 45,00 EUR | answered by Greta Kleine
Dear competition law attorney,
My name is Valentina Koch and I am the owner of a small business specializing in the production and sale of handcrafted jewelry. I am currently planning an advertising campaign to make my products known to a wider audience and increase my sales. However, I am unsure if my planned advertising strategy may potentially violate competition law.
The current situation is as follows: I intend to advertise on various platforms such as social media, my own website, and local ads. I want to emphasize that my handcrafted jewelry is of higher quality compared to mass-produced items and can be custom made. Additionally, I plan to offer discount promotions and giveaways to attract potential customers.
My concerns are that my advertising campaign may be misleading or violate current competition law, especially in terms of unfair competition or infringement of trademark rights. I want to ensure that my advertising is legally sound and does not have any consequences.
Therefore, my question to you is: How can I ensure that my advertising campaign does not violate competition law? What legal aspects should I consider in the planning and implementation process to minimize risks and make my advertising effective and fair?
Thank you in advance for your support and advice.
Kind regards,
Valentina Koch
Dear Mrs. Koch,
Thank you for your inquiry regarding your planned advertising campaign for your handmade jewelry company. It is understandable that you are concerned about whether your advertising activities may potentially violate competition law. It is important to be aware of the legal aspects in order to minimize risks and to make your advertising effective and fair.
First and foremost, it is important that your advertising is truthful and not misleading. You should not make false promises or highlight product features that do not exist. Especially if you are promoting your handmade jewelry as higher quality compared to mass-produced items, you must ensure that this statement is supported by facts and evidence. Otherwise, it could be considered as misleading advertising.
Furthermore, it is important to respect the rights of third parties, especially with regard to trademark rights. If you use brands or protected terms in your advertising without obtaining the necessary permissions, this could lead to legal consequences. Therefore, make sure that you only use materials for which you have the necessary rights or have obtained permission from the rights holder.
If you are planning discount promotions and contests, certain legal requirements must also be followed. For example, the terms of participation must be clearly and transparently communicated to avoid misunderstandings. Additionally, ensure that your contests do not constitute unfair competition practices and comply with applicable laws.
To ensure that your advertising campaign is legally sound, I recommend that you consult with a specialized lawyer in competition law. An experienced lawyer can review your planned advertising strategy and provide you with specific recommendations on how to minimize legal risks. You can also research general guidelines on competition law and stay informed about current case law to stay up to date.
I hope that this information helps you to create a legally secure advertising campaign. If you have any further questions or need legal assistance, I am happy to help.
Best regards,
Greta Kleine
Competition Law Attorney
