The boundary between (non-labeling) brand naming and (labeling) brand naming is crossed in any case if the consumer can purchase the product directly via a link. A low journalistic content of the posts, links to other online stores and other advertising activities of the author can speak for the advertising activity of an influencer (and thus against acting for private purposes) (KG Berlin, judgment of 8.1.2019 – 5 U 83/18).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.