Unfair Competition Law & Advertising Law

Probably each company is aware of the fact that the internet offers many possibilities to put goods and services on the market. Business ideas can be realized easily. At the same time the internet brings, however, companies closer together and so they will be competitors, even if they are hundreds of kilometers away from each other. Competitors, who are already established on the market, often persecute infringements of the unfair competition law in order to avoid disadvantages. Due to the anonymity on the internet, there is no inhibition threshold for the persecution of the infringement on the unfair competition law as it would be the case with a competitor in the same town. Many people think that the appearance as “private seller” would help. According to the jurisdiction these “private sellers” will already be classified as entrepreneurs, if they sell a few products.

At the same time unlawful warnings will often be made by dubious providers.

Due to the signature of a cease and desist letter, an infringement is foreseeable and the fine must be paid. In this case, professional legal advice will help.

According to the jurisdiction, the use of ineffective clauses in the General Terms and Conditions is an infringement of the unfair competition law. Advertising presence or advertising messages, which have been tested by specialists, are allowed to be on the market.

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