Price comparison is not unfair comparative advertising

Publication date: 08/02/2011

11768 times read
 :: 6858 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 04/08/2009, file number: 312 O 365/09

Comparative advertising is a legitimate instrument to inform the consumers about the benefits of the advertised product.  The reference to distinctive marks of a competitor, such a price comparison, is allowed provided that the stated facts are objectively traceable and the information is possible to verify.

Category: Unfair Competition Law, Comparative Advertising, Entscheidungen

Medicaments delusive advertising

Publication date: 31/08/2009

23906 times read
 :: 17811 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 23/04/2009, file number: 3 U 211/08

Comparative advertising between original preparations and generics may not take for granted that generics are a cheaper alternative if the range of application of both drugs is not identical. The same happens if they coincide in most of their substances and range of application. Medicaments advertising are defeated by strict conditions due to the health protection, they must be direct, clear and correct.

Category: Unfair Competition Law, Pharmaceutical Law, Comparative Advertising, Entscheidungen

"The fastest supplier DSL all over the country!"

Publication date: 27/02/2009

21951 times read
 :: 15442 Votes  

Judgement of LG Köln (Regional Court Cologne) of 25/09/2008, file number: 84 O 15/08

The advertisement of a telecommunication supplier, that it offers itself as the fastest DSL connection in the federal territory is unfair according to §§3, 5, 8 UWG (fair trade law), it is misleading for the general consumer.

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