News
975 articles
01 October 2015
A disability is better than no advertising at all
A creative alternative to the boring 'Please do not distribute advertising' stickers was devised by the publisher of a local newspaper, and they promptly supplemented the request with an exception, namely for their own newspaper. The stickers designed in this way were then distributed to households. At the instigation of another newspaper, the OLG Brandenburg now had to decide whether this was […]
Read more30 September 2015
Comparative advertising with third-party trade marks?
Is a competitor entitled to use a competitor's trade mark in the context of an internet sales offer as part of comparative advertising in order to draw the attention of potential customers using a search engine to its own product, or does this constitute unfair exploitation of reputation and a trade mark infringement? The Federal Court of Justice (BGH) has now answered this legal question.
Read more29 September 2015
No network is not an excuse
Advertising statements must be true, otherwise they are misleading. This is different where advertising-typical exaggerations are concerned, which are recognisable as such and are therefore not taken seriously. The Higher Regional Court (OLG) Frankfurt/Main had to decide on the factual content of the statement "Kein Netz ist keine Ausrede mehr", whereby a humorous context and the consumers' experience both had a decisive influence on the outcome […]
Read more28 September 2015
Distribution ban for food supplements?
The distribution and promotion of novel foods and food ingredients requires appropriate authorisations and/or notifications pursuant to the Novel Food Regulation. The Federal Court of Justice (BGH) was called upon to decide whether a food supplement more than 2500 years old made from extracts of the kudzu root is novel and therefore falls under this EU regulation.
Read more25 September 2015
No Marriage Crisis for Günther Jauch
Did Günther Jauch have a claim against a publisher for the publication of a reply? This was a matter the Higher Regional Court (OLG) Karlsruhe recently had to decide.
Read more24 September 2015
YSL designs have individual character!
The company H&M Hennes & Mauritz (H&M) opposed the registration of two handbag designs by the fashion company Yves Saint Laurent (YSL) as Community designs. H&M was of the opinion that the designs lacked individual character, meaning they were already known to the public before the application for registration of the design with the OHIM. The European Court of Justice took a different view on this matter.
Read more23 September 2015
The Gold Bears – Lindt wins against Haribo
A years-long legal dispute between the well-known confectionery manufacturers was decided today. The Federal Court of Justice (BGH) ruled that the Lindt teddy may continue to be golden.
Read more22 September 2015
Is advertising with a location misleading?
May a company advertise with a location at a place other than its registered office if no workplace is maintained at that branch where employees are reachable during ordinary business hours? The Higher Regional Court (OLG) Celle recently had to decide this question of competition law.
Read more16 September 2015
Pharmacist advertising in medical practice permitted?
Operators of pharmacies may not conduct any legal transactions or agreements with physicians or other persons engaged in the treatment of diseases that have as their subject preferential supply of specific pharmaceuticals, the attraction of patients, or the assignment of prescriptions. The Federal Court of Justice (BGH) had to decide whether these regulations stemming from the Medicines Act […]
Read more10 September 2015
Do not play with the scapegoat!
May a publisher that describes itself as the editorial mouthpiece of numerous savings banks refer to a major German bank as the "scapegoat of the banking industry" in an editorial article, or does this constitute gross disparagement of the other financial institution? The Higher Regional Court (OLG) Frankfurt a.M. has now decided whether this amounted to unfair disparaging criticism.
Read more08 September 2015
Advertising with test results – unfair competition?
May a merchant advertise with a test result in an order catalogue if the public can only view it on the internet? The Regional Court (LG) Oldenburg considered this to be unfair competition and ordered the merchant to cease advertising with the test result.
Read more07 September 2015
Is stored goods the same as new goods?
Is a merchant permitted to advertise five-year-old unused and originally packaged goods as "new" or "new goods"? The Higher Regional Court had to assess this question as an automotive dealer offered ball bearings that were several years old as "new goods".
Read more04 September 2015
Risk of confusion between the marks "ISP" and "IPS"?
Can a risk of confusion exist between two signs with identical letters if these are presented in a different order? The Federal Court of Justice (BGH) had to decide this in a case involving a risk of confusion between the marks "ISP" and "IPS".
Read more01 September 2015
Beer is not palatable!
May a brewery describe its beers as "palatable" or does this advertising claim contain a health-related claim which deceives the public about a positive health-related aspect of the alcoholic beverage? This legal question had to be decided by the Regional Court (LG) Ravensburg.
Read more26 August 2015
Must YouTube eliminate infringements of rights?
Must the video portal YouTube eliminate copyright infringements on its internet portal upon becoming aware of them and take appropriate measures to prevent further equivalent infringements?
Read more25 August 2015
Violation of personality rights in retrospect?
Can a press article originally lawfully published on the internet result in a violation of the affected person's general personality right after the cessation of general public interest in the reported events? The Higher Regional Court of Hamburg (OLG Hamburg) had to deal with such a claim for injunction.
Read more28 July 2015
Is Amazon's "outlier" behaviour anti-competitive?
The online retailer Amazon faced claims for injunctions requiring it to cease offering textile products to consumers without providing information about the fibres used and failing to comply with the Price Indication Regulation.
Read more21 July 2015
Asterisk notice unfair?
In advertising with price reductions, special campaigns and vouchers, asterisk notices can refer to conditions that usually restrict the offer. The Regional Court (LG) Freiburg had to decide on the unfair competition nature of advertising in which an asterisk notice was indeed present, but the consumer first had to search for the corresponding footnote.
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