Warning received on Instagram
Warning letters to influencers and users on Instagram
Instagram is basically a free platform on which users can share or distribute personal posts. The content or message of the posts can thus be shared and discussed with other users. Even though not every user has the same interests, opportunities arise for users to gain more attention and popularity by posting content or posts that reach as many other users as possible. This happens mainly through the possibility to rate and push individual users and their posts. Certain users and persons or their posts thus receive more attention and reach.
Right from the start, many companies and other participants with economic interests recognised this opportunity as a valuable tool.
In addition to the participation of other users in the personal posts of individual users, Instagram also offers the possibility of using posts specifically as product placements or advertising measures. In the course of legislation and the legal framework, this often leads to the violation of mutual interests of individual participants / users. Economic disputes and legal disputes are often the consequence for this reason.
The Instagram warning and possible consequences for the person being warned
Legal disputes are usually first reported to the potential infringer in writing in the form of a warning notice. The notification has the consequence that the person concerned can refute the accusations legally or factually before any further legal steps or consequences occur. Possible legal consequences of this are, among others, possible legal action and legal protection proceedings.
Caution is therefore advisable here. If possible, the affected party should always seek professional help and try to resolve the conflicts as efficiently and quickly as possible. Even if court rulings are always an alternative and an extension of the legal framework, it is easy
and above all desirable to avoid them as far as possible. The possible legal consequences of this are possible lawsuits and legal protection proceedings.
For what reasons and who is at risk of receiving a warning on Instagram?
Users usually receive a warning on IG on behalf of well-known law firms that are supposed to recover or compensate for fictitious economic losses on behalf of large clients and companies. The compensation for the unfathomable losses is supposed to be provided mostly by successful and widely spread ‘influencers’ who supposedly publish other people’s brands or ideals on their account for their own economic interest in order to profit personally. The accusation here is that you are doing this without clearly labelling it. The term usually used for this is surreptitious advertising. The recipients or other users of the published posts could thus be misled or deceived.
This conflict is very deep and far-reaching. But in the end, it is about fictitious but explainable dispute values. These should be assessed appropriately and proportionately in the context of the whole situation.
In addition to other possible warnings on Instagram as well as on Facebook in the areas of copyright and trademark and data protection law, the most common form is a warning for competition violations.
But what are the specific examples that are worthy of a warning?
Labelling of advertising
A concrete example of this is the representation of a well-known brand (such as Apple, Adidas or Audi) in a post for which the legal owner has not given consent, or this consent has not been sufficiently marked for others.
This example implies 2 legal questions:
Did the user/influencer publish the post to create an advantage for himself competitively
Was he hired or paid by the owner of a brand for the promotional placement of a product
Both questions thus imply an economic advantage that the perpetrator or influential user gains by publishing a post that gives him an advantage.
The issue here revolves around the fact that when a product such as a watch, a car or a handbag is purchased, the ownership of the intangible goods (the trademarks) remains with the owner / manufacturer of the trademark.
Dieses Beispiel impliziert 2 rechtliche Fragen:
- Hat der Nutzer / Influencer den Beitrag veröffentlicht, um sich selbst wettbewerbsmäßig einen Vorteil zu schaffen (?), oder
- Wurde er vom Eigentümer einer Marke für die werbemäßige Platzierung eines Produktes angeheuert oder entlohnt?
Beide Fragen implizieren somit einen wirtschaftlichen Vorteil, den der Täter bzw. einflussreiche Nutzer dadurch erlangt, dass er einen Beitrag veröffentlicht, der Ihm einen Vorteil verschafft.
Die Streitfrage hierbei dreht sich um die Tatsache, dass beim Erwerb eines Produktes wie einer Uhr, eines Autos oder einer Handtasche der Besitz der immateriellen Güter (der Marken) weiterhin beim Eigentümer / Hersteller der Marke verbleiben.
Who is behind the warning mania on Instagram Facebook and Co.?
International law firms that allege such views are therefore widespread and successful. One law firm known for this in Germany is the Posikow law firm from Hamburg.
The accusations for the lack of labelling of surreptitious advertising, regardless of whether this happens consciously or even unconsciously, can be relatively or proportionately expensive. A further difficult question is how or whether the injunctive relief sought must or should be granted.
What measures should I take in the event of such a warning?
After receiving an Instagram warning, you should definitely accept external help. Quick contact with a lawyer or mediator who has knowledge of the proportionality and consequences of the allegations made is helpful in any case.
Do not hesitate to make a non-binding enquiry on your topic on the website www.abmahnungshilfe.de. The strength of our external experts lies in solving your issue quickly, effectively and cost-efficiently.
Get in touch
You can decide to talk to a settlement expert in order to negotiate a settlement offer from the law firm which sent you the infringement letter. This will be sent to you without any obligation to accept and costs before accepting. All settlement experts have year long experience in this field and have settled hundreds or thousands of cases.
If you require legal advice, consulting or representation, you can decide to submit your case to an experienced lawyer. The lawyers to which your case will be submitted are all experienced and specialised in the infringement regulation.
For questions regarding your handling case please contact us directly via: firstname.lastname@example.org