Dr. Sabrina Mittelstädt
Sabrina Mittelstädt started working as an attorney for Hogan Lovells in 2017. She advises leading national and international companies from various industry sectors such as fashion, media, consumer goods and energy, focusing on trademark, design and unfair competition law as well as on domain names. She supports her clients in enforcing and defending their rights in opposition and infringement proceedings, as well as on drafting and negotiating contracts. She has particular expertise and experience in the field of portfolio management for national and international clients, including trademark surveillance and border seizure applications.
For some time now, Sabrina has been focused on newer forms of advertising, especially in the area of online advertising, and has thus made herself an expert in the area of influencer marketing. In this context, she has published numerous contributions and articles.
Besides her legal work, Sabrina supports Hogan Lovell's Community Investment Programs "Debate it!", aiming at improving pupils debating skills, and "Barefoot Futures", aiming at making pupils aware of the UN Sustainable Development Goals.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2016
Membership
- GRUR – German Association for the Protection of Intellectual Property
Education
- Humboldt University of Berlin (2013)
- Bar Exam, Higher Regional Court of Hamburg (2016)
- Dr. iur. at Humboldt University of Berlin (2018)
1 Contributions by Sabrina Mittelstädt
PRACTICE NOTES
German influencer marketing law: disclosure and labelling duties, unfair competition (UWG), sanctions, copyright and key contract clauses
This Practice Note addresses influencer marketing in Germany. It is written for social media talent (influencers) and for brand owners running advertising campaigns. It concentrates on labelling and disclosure obligations, the sanctions that may follow, and the way disclosure is regulated. It also looks at whether copyright subsists in sponsored material and highlights key clauses typically found in the relevant agreements.
The nature of social media influencers
Influencer marketing is a prevalent advertising method in which businesses engage an individual—the influencer—to endorse their products (Higher District Court of Hamburg GRUR-RS 2020, 18139, para. 55; Zurth/Pless, ZUM 2019, 414 (414 et seq.)). Influencers are attractive contractual and promotional partners because they may have amassed either a very large audience delivering wide reach (so‑called celebrity influencers) or a smaller, homogeneous community focused on a shared topic (so‑called micro‑influencers) (cf. Draheim/Mittelstädt—HL Engage Influencer Snapshot, see Ins and outs of celebrity influencers). In the latter scenario, the influencer frequently acts as an authority on the subject (see also Lettmann, GRUR 2018, 1206 (1211)). The appeal of influencer marketing is evident. Many influencers also use their social media profiles for private postings...
TMT
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