News
975 articles
25 April 2016
Textile labelling required in advertising?
Any person who distributes clothing must in principle provide customers with information on the composition of the respective textiles. The Federal Court of Justice (BGH) then had to decide whether textile labelling is also required in an advertising prospectus in which no direct ordering facility is offered.
Read more22 April 2016
"Defamatory criticism" prohibited at demonstration
Jan Böhmermann's poem "Schmähkritik" may neither be displayed nor recited at a demonstration in front of the Turkish Embassy. The Administrative Court (VG) Berlin has confirmed the assembly law order issued by the Berlin Police President.
Read more19 April 2016
Advertising with test results – information obligations!
Advertising with test results is very popular in commerce. However, when advertising with test results, strict formal requirements must be observed in order to avoid anti-competitive misleading. For example, it is necessary to provide a source reference for the test.
Read more14 April 2016
"HAVE A BREAK" – a well-known mark?
Advertising slogans are registrable as marks provided they meet certain requirements. These include, for example, a certain degree of originality and brevity. The slogan "HAVE A BREAK" of the Nestlé corporate group was registered in 2007 as a Community trade mark inter alia for chocolate goods and is used in advertising campaigns for the chocolate bar "Kit Kat". The question arises when a mark proprietor […]
Read more13 April 2016
Wimdu 50% cheaper than hotels?
This statement is obviously not accurate. The Centre for Competition (Wettbewerbszentrale) was able to successfully obtain a court injunction against the misleading advertising slogan of the online platform Wimdu even on second instance. The Court of Appeal (Kammergericht) confirmed the first instance decision.
Read more12 April 2016
"Spa" – generic term for cosmetics?
In connection with the registration of its sign "Spa Wisdom" as a European trade mark at the EUIPO, the British company The Body Shop had to address the question with the owner of the priority earlier trade mark "SPA" whether the term "Spa" constitutes a generic term for cosmetics and thus is not capable of protection.
Read more07 April 2016
VOX must label trailer as advertising
The television broadcaster VOX must label the trailer for the live tour of presenter and dog behaviour expert Martin Rütter as advertising. A lawsuit filed by the broadcaster before the Administrative Court of Cologne (VG Köln) against the objection raised by the State Media Authority failed.
Read more06 April 2016
Boycott call on the internet permissible?
Does the public call by an animal welfare association to a bank to terminate the account of an interest group of animal breeders constitute a violation of the general right of personality of the association or does it constitute a boycott call permissible by virtue of the free expression of opinion of the animal welfare association? The Federal Court of Justice (BGH) had to decide this legal question.
Read more05 April 2016
Search result on Amazon – trade mark infringement?
When a specific trade mark is entered into the search box on the online platform Amazon, the corresponding search result appears. However, alternative products from other manufacturers are also displayed. The Higher Regional Court (OLG) Frankfurt a.M. decided whether this constitutes trade mark infringement.
Read more31 March 2016
Nivea – Deceptive packaging prohibited
Beiersdorf is no longer permitted to market a Nivea facial cream in a deceptive package size. The Higher Regional Court (OLG) Hamburg has followed the view of the Wettbewerbszentrale and confirmed that the package size suggests a larger quantity of content than is actually contained.
Read more30 March 2016
Scope of a cease-and-desist declaration
When a recipient of a cease-and-desist letter issues a declaratory statement on pain of penalty (strafbewehrte Unterlassungserklärung), the risk of repetition existing due to the infringement is regularly eliminated. However, can the recipients of a cease-and-desist letter limit the declaration to advertising on the Internet, or is that not sufficient? The Higher Regional Court (OLG) Frankfurt am Main provides an answer to this question.
Read more23 March 2016
Federal Administrative Court (BVerwG) confirms broadcasting license fee
Since 2013, the broadcasting license fee has been levied uniformly for each residential unit – irrespective of how many devices a household owns. Prior to this change, a broadcasting fee had to be paid per broadcasting reception device. The Federal Administrative Court (BVerwG) has now confirmed that the broadcasting license fee is constitutional.
Read more22 March 2016
Advertising with "generally" equivalent to "always"?
A competitive association considered an insurance company's statement to be misleading advertising, which promised motor vehicle comprehensive insurance policyholders that in the event of gross negligence it would "generally" pay 85% of the costs. In reality, however, this quota was not paid without exception. The Higher Regional Court (OLG) of Bamberg had to decide in second instance whether "generally" would be understood by the relevant public as "always".
Read more21 March 2016
Alete infant pudding for strong bones?
The statements on the infant pudding 'Alete Milch Minis' by Nestlé, 'Zinc for strong bones & healthy growth' and 'Calcium for strong bones' contain unlawful health claims. The Regional Court (LG) Frankfurt a.M. has prohibited such advertising statements by Nestlé Nutrition GmbH.
Read more17 March 2016
Revocation of distance selling contracts without grounds?
Are consumers prevented from revoking a distance selling contract on the grounds of abusive conduct? The Federal Court of Justice (BGH) must address the question of whether a consumer may revoke a distance selling contract by invoking an alleged low-price guarantee.
Read more16 March 2016
Specification of the calculation basis in advertising with prices?
Competition law provisions must be observed in particular when advertising products or services in order to avoid a cease-and-desist letter. This also includes the Price Indication Ordinance. But what must be stated in advertising for services when the costs for such services vary depending on the case – when a concrete price statement is thus not yet possible? The Federal Court of Justice (BGH) had […]
Read more15 March 2016
Helene Fischer breathes a sigh of relief
The NPD must refrain from using the hit song "Atemlos" by Helene Fischer during its election campaign events. The singer prevailed in interim relief proceedings against the party and successfully obtained a prohibition on the reproduction of the song.
Read more10 March 2016
Facebook may demand real names
Facebook may refuse to permit the use of a Facebook account under a pseudonym. The company prevails in summary proceedings against the order of the Hamburg Data Protection Officer, by which it was obligated to enable the use of the account under a pseudonym.
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