DR. SARAFI obtains preliminary injunction from Hamburg Regional Court for a well-known streamer, influencer and fashion designer
From our press archive. This communication gives the status of the original publication of 25 July 2024 again. Subsequent developments in the process are not automatically taken into account.
Hamburg, July 25, 2024 — DR. SARAFI lawyers successfully enforce personal rights for well-known streamers and fashion designers. Hamburg Regional Court prohibits defamatory statements about a newly founded fashion label.
Our client
Our client is an influencer known throughout Germany who founded a fashion label last year and offered high-priced clothing. Even before his online shop went live, the envious people didn't wait in coming. Another fashion influencer criticized the announced prices for our client's hoodies as overpriced and described the procedure as a “rip-off” and “scam.”
The defamatory statements
In addition, the opponent accused our client of lack of business savvy and naivety. He emphasized that our client had been ripped off by the producers and was therefore a “victim of the scam” who let the producers “pull him across the table.”
These statements were not only reputationally damaging, but were also aimed at discrediting our client's newly established business and deterring potential customers.
Extrajudicial warning
We first called on the opponent out of court to refrain from making these statements and to submit a declaration of injunctive relief. He did not comply with this and instead was represented by a well-known media law firm. The opposing lawyers argued that these were admissible expressions of opinion.
Judicial process
We then filed for a preliminary injunction against our client's competitor. In court, the opposing lawyers also took the view that the statements were lawful. After the Hamburg Regional Court had made it clear that it followed our opinion, the opponent suddenly issued a declaration of injunctive relief. However, we no longer accepted them because we wanted a verdict.
Successful restraining order
The Hamburg Regional Court approved our application in full. The opponent has now been prohibited by a preliminary injunction from making such derogatory comments about our client's fashion label.
Legal assessment
The opponent's statements clearly exceeded the limits of permissible expression of opinion and constituted defamatory statements of fact. In particular, the allegations:
- The procedure is “rip-off” and “scam”
- Our client is a “victim of the scam”
- Our client lets himself be “pulled across the table”
were not covered by freedom of expression and significantly violated our client's general personal rights.
Especially in the start-up phase of a new business, such defamatory statements can threaten the existence of a new business. The Hamburg Regional Court recognized this and granted our client the necessary legal protection.
Importance for influencers and streamers
This case shows that there are also clear legal limits for statements in the area of social media and e-commerce. Competitors must not make defamatory claims under the guise of freedom of speech in order to harm competitors.
Influencers and streamers who offer their own products or services are entitled to protection against defamatory statements. DR. SARAFI lawyers have extensive experience in the area of influencer and streamer law and can effectively enforce these rights.
conclusion
The successful preliminary injunction shows that rapid and decisive legal action is important when it comes to defamatory statements. Through our consistent approach, we were able to protect our client's rights and avert further damage to his newly founded business.