LØJE IP specializes in all types of conflicts within the Marketing Act.
When is advertisements misleading? Where is the limit for unfair marketing? Even the most talented advertising and branding agencies can find it difficult to navigate in the jungle of rules that make up marketing laws.
Neglecting marketing legislation in the heat of the moment can therefore have serious consequences for your reputation, such as negative publicity in the media or cases with the Consumer Ombudsman or even a police report by the Consumer Ombudsman. Therefore, when it comes to your marketing efforts, LØJE IP advises you to have these legally assessed before launch.
Marketing is subject to considerable regulation both in Denmark and at EU level. In the B2C market, legislation is fully harmonized in the EU, while it is not B2B. In the B2B area, protection varies widely from country to country. This emphasizes the importance of professional legal advice regarding advertising and direct marketing. In this digital age particularly social media marketing, such as Instagram and Facebook, presents a major challenge for businesses as well as for the inexperienced lawyer. LØJE IP is among the country’s leading specialists in the field, and we guide you around the many gray zones and pitfalls.
LØJE IP has a great deal of experience in handling conflicts regarding compliance with marketing law. For years we have been advising on clearing advertising statements and campaigns on a global scale.
We are the Danish representative in the world’s leading international lawyer network specializing in marketing, GALA (Global Advertising Lawyers Alliance). Through GALA, we can offer coordinated adjudication and clearing of advertising in up to 90 countries within 48 hours.
LØJE IP can help you with:
- Clearing of advertisements in Denmark, the EU or internationally
- Unfair market conduct cases
- Advice on sector-specific regulation
- Advertising cases, including bail proceedings
- Assessment of concrete marketing initiatives, including advertising, games and competitions
- Advice on abuse and protection of trade secrets
- Design of contracts, including for advertising agencies
Facts about advertising in Denmark
In Denmark advertising is regulated according to the EU Unfair business-to-consumer commercial practices directive. In Denmark this directive is predominantly enforced by the Consumer Ombudsman, who issues guidelines and handles negotiations with companies in relation to compliance. For purely commercial practices the involved parties must file a lawsuit with the Maritime and Commercial Court in Copenhagen, which is designated to handle such matters.
Protections is generally liberal under the Commercial Code.