Cease-and-desist letters with the request to issue cease-and-desist declarations and to pay attorney's fees and damages are a permissible means in Germany to pursue various infringements out of court.
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Who is not familiar with the annoying advertising calls from some - often dubious - companies trying to sell you a new telephone subscription, a change of health insurance, online trading or other goods or services.
Read moreInfluencer marketing has recently gained popularity. In contrast to other countries - such as Germany - there have not yet been any decisions on influencer advertising in Switzerland. The question of when a post is considered surreptitious advertising and thus violates competition law has not yet been clarified in Switzerland.
The Foundation for Consumer Protection had now filed complaints with the Fairness Commission against several (prominent) influencers in order to create legal clarity in Switzerland as well.
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