Find Lawyers in Germany for Advertising Law
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Advertising Law - GermanyAbout this Practice Area
Holger Alt’s work focuses on the defence and enforcement of intellectual property rights (trademarks, company names, design rights). He manages a large number of international trademark portfolios from various industries and advises his clients on the development of national and international trademark strategies as well as cross-border disputes. Holger Alt has many years of experience in the development of contractual licensing and distribution models and advises on all contract law is...
Before he joined our law firm, Dr. Norbert Hebeis headed the EU trademark department of a large US company (pharmaceuticals, consumer products) for ten years. He has been a partner of FGvW for 16 years and specializes in trademark and design litigation and prosecution, unfair competition litigation and counselling. His international key clients are Novartis (pharma), Wilkinson Sword (razors), erima (sportswear), Gloster (furniture) and Haufe-Lexware (publishing house).
David Kipping, LL.M., Maître en droit, is a lawyer and partner at Friedrich Graf von Westphalen & Partner and a Certified Specialist in intellectual property law. He also holds an LL.M degree from the universities of Cologne and Paris and a Maître en droit degree from Paris I, Panthéon-Sorbonne. David Kipping’s main focus lies on intellectual property law, trademarks and designs, unfair competition and advertising law, patent law, litigation, e-commerce law and li...
Born in Helgoland in 1966, Dr. Carsten Oelrichs trained as an industrial business administrator before going on to study law at the University of Hamburg, where he also worked as a research assistant at the Chair of Commercial, Shipping and Business Law. He received his doctorate in 1998, with a thesis on “Creditor Participation and Voting Bans in New Insolvency Proceedings”. Dr. Oelrichs has been a lawyer at ZENK since 1998. For several years running, he has been named by JUVE as...
Sonja Schulz was born in Bremen in 1976. She studied law in Münster and Leuven, Belgium. She completed her practical training in Münster, Washington D.C. and Brussels. In addition, she completed an education in Anglo-American law, a subject-specific foreign language training, postgraduate studies in European law and training in change management. In 2003 she received a Master of European and Comparative Law from the University of Ghent, Belgium. Since 2006, Sonja Schulz has been a l...
Advertising Law Definition
Attorneys in this area anticipate potential problems before they arise, clearing potentially problematic marketing campaigns before the advertising campaign for a new product is launched. Attorneys analyse and evaluate product promotions and advertising in the light of regulatory frameworks and other restrictions. Advertising lawyers can operate as an integrated international team of professionals, in order to provide coordinated worldwide and cross-border advice. Ads are pre-screened before they are run.
Attorneys also assist their clients in vigorously defending marketing campaigns against claims of misleading advertising before the courts, the public authorities, or the self-regulatory bodies and actively pursue claims against competitors who make misleading statements. In Germany, the Act against Unfair Competition (UWG) as well as other specific legal provisions, e.g. Pharmaceutical Advertising Act (HWG), constitute the legal basis for such claims. The course of action against misleading or false advertising or advertising violating other restrictions predominately starts at a level between competitors. After detecting such inadmissible advertising material, a competitor (or a consumer protection agency) can issue a warning letter to the allegedly infringing company and demand the signing of a cease-and-desist declaration. In complying with this demand, the infringing company will be obliged to pay a penalty for each further violation of the cease-and-desist declaration as a result of repetition of the inadmissible advertisement or use of similar advertising material.
If the infringing company is unwilling to sign a cease-and-desist-declaration, the infringed company can apply to any Regional Court in Germany for a preliminary injunction. Germany has quick and effective proceedings for injunctive relief and in many cases the initiation of main proceedings becomes unnecessary. Generally, a preliminary injunction can be obtained in an ex parte proceeding within the course of a few days. The preliminary injunction is enforceable as soon as it is served on the infringing party which is, thereafter, obliged to refrain from using the marketing materials concerned. Due to the expedited procedure, international operating companies often start attacking a competitor in Germany before launching comparable complaints in other countries.
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