Lay advertising

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Lay advertising is the inclusion of non-professional customer recruits against the granting of advertising bonuses. In this way, high costs for the field service or costly sales via intermediaries can be avoided. As a manufacturer, the classic Tupperware offers small gifts and a star system for redeeming rewards, while the sales-oriented providers offer a percentage of sales.

to form

It is characteristic of lay advertising that the entrepreneur exploits the personal relationships between the advertiser and potential customers. This can be done in many ways, for example by means of bulk orders initiated by the advertiser or an advertising activity during working hours.

Party advertising

In party advertising (better known as a Tupperware party ), the advertiser holds a sales event and demonstrates the advertised products there. Examples include Partylite ( candles ; so-called " candle parties "), Under Over Fashion (underwear; so-called "lingerie parties"), Facts Of Life (erotic products: "dildo parties" or "toy parties"), AnnJoy ("lingerie parties") or Cucina-Culinaria ("Delicatessen products").

Right of withdrawal

Many business deals brokered through lay advertising are door-to-door sales i. S. d. § 312 BGB, so that the buyer has a right of withdrawal.

Assessment of fairness law

In principle, the use of lay recruits is not objectionable. However, it also harbors dangers: Since the sales talks often take place in a confidential circle and among friends and acquaintances, there is a risk that a customer will not choose a product based on rational considerations, but rather act out of consideration for the advertiser. Accordingly, an unfairness can result from § 4 No. 1 UWG. Section 4 No. 3 UWG can also be relevant if the advertiser does not make it clear that an announced "coffee wreath" is actually a sales event.

The layperson is personally liable as the infringer.

Individual evidence

  1. ↑ BGH, judgment of September 29, 1994 - I ZR 138/92 - GRUR 1995, 122 - lay advertising for opticians.
  2. ↑ See Köhler / Bornkamm, UWG. 30 ed. § 4 marginal no. 1,193 ff.
  3. ^ BGH, judgment of May 29, 1963 - Ib ZR 155/61 - GRUR 1963, 578 - collective orderer.
  4. ^ BGH, judgment of February 10, 1994 - I ZR 16/92 - GRUR 1994, 443 - Insurance brokerage in the public service.
  5. ↑ MüKo BGB. 6 ed. § 312 marginal no. 63.
  6. ↑ Constant case law since BGH, GRUR 1959, 285 - Bienenhonig.
  7. ↑ Köhler / Bornkamm, UWG. 30 ed. § 4 marginal no. 1,216.