Does the Netzer always have a network?

"Always a network has the Netzer…"! Whether this advertising slogan of a mobile network operator is understood by the traffic addressed with the advertisement as a guarantee for perfect mobile network coverage was recently decided by the Higher Regional Court (OLG) Frankfurt a. M. in the context of a competition law dispute between two competitors in interim relief proceedings.

In the present case, a provider of mobile network services advertised with a TV commercial in which the prominent footballer Günter Netzer appears, with the following advertising message:

"Always fish has… the fisherman.
Always glass has… the glazier.
Always music has… the musician…
and always a network has… the Netzer.
Now in top D-Netzqualität. Flat into the fixed network. Flat into all mobile networks and flat into the internet. Do it like Netzer and get yourself the new X Allnet Flat for only 24.99 €. In stores or at X.de.

The respondent additionally uses the advertising slogan "Always a network has the Netzer…" in the context of its internet presence.

A competitor of the mobile network company saw this as misleading advertising. He argued that consumers would, on the basis of this advertising message, expect to be able to actually use the advertised mobile network services at all times and everywhere, and thus would not be exposed to any dead zones when using this mobile network connection, for example.

Court's Decision

By means ofJudgment of 25.09.2014 – Az. 6 U 111/14 – the Higher Regional Court (OLG) Frankfurt a. M. decided that the advertising slogan "Always a network has the Netzer" does not constitute misleading advertising.

The targeted public does not see in the advertising slogan the assertion that the advertising company offers complete, seamless network coverage. Rather, the customer recognises in the linking of the personal name "Netzer" with the concept of "Netz" in the sense of a mobile network a humorous wordplay.

The advertising of the mobile network operator is therefore not misleading, at least if the provider makes available the technically highest possible connection quality at the time of the advertising.

Conclusion

Of course, the Netzer also does not always have a network – which the targeted public understands in this way. Therefore, the present advertising of the mobile network operator does not deceive potential customers. In particular, in the case of humorous announcements and/or typical advertising exaggerations, the targeted public can usually read between the lines well and is not deceived by the advertising statements contained in these slogans.