Background The plaintiff in all three cases is an association whose aim is to prevent unf...

German Federal Court of Justice decision: Finally more legal certainty regarding influencer marketing – JD Supra

Background The plaintiff in all three cases is an association whose aim is to prevent unfair competition. The defendants are three female influencers, who have well over four million followers in total on Instagram. They regularly mark their posts there with so-called "tap tags". These are markings within a posted picture that, when clicked, redirect users to the Instagram profiles of the retailers/manufacturers of the products featured in the picture. According to the association, posts with tap tags must be labelled as advertising. Otherwise, there would be unlawful surreptitious advertising, which is why the association took legal actions against the …

 

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