„Slim in one’s sleep“, misleading advertising for bread

Publication date: 29/06/2012

14493 times read
 :: 9175 Votes  

Press release number 12/2012 of the OLG Schleswig-Holstein (Higher Regional Court Schleswig-Holstein) dated June 21, 2012, file number 6 W 1/12.

A bakery that advertises its „protein-bread“ with the slogan „Slim in one’s sleep“ acts legally unfair. This slogan gives the false impression that the mere consumption of the bread make yourself slim, which is actually not the case.

Category: Entscheidungen, Industrial Property Protection, Unfair Competition Law, Advertising Law, Press Releases

Galileo - the popular science magazine on ProSieben

Publication date: 02/02/2012

51644 times read
 :: 30567 Votes  

Certified lawyer Julian N. Modi, LL.M., supports Galileo – a popular science magazine on ProSieben – about the topic „Legal mistakes on the Internet".

Category: lawfirm.biz intern, Interviews, Copyright Law, Consumer Law, Advertising Law, Internet Law, File Sharing, Long Distance Sales Act, social network service, Facebook

“Medical foot care„ exclusively for podiatrists

Publication date: 19/10/2011

19269 times read
 :: 11493 Votes  

Decision of OVG NRW (Higher Administrative Court NRW) of 02/08/2011, file number: 13 B 1659/10

Advertising with medical foot care is reserved only for podiatrists. A masseuse who advertises with such service acts anti-competitively if he has no formation as podiatrist. The layman cannot identify this service only as part of the work of the masseuse but expects a special qualification within the range of the foot care. Such advertising represents a misleading of the patient.

Category: Judgements, Advertising Law, Professional Law, Unfair Competition Law, Industrial Property Protection, Entscheidungen

A newspaper advertisement, clearly recognizable a such, must not be labeled as “advertisement”

Publication date: 16/05/2011

22515 times read
 :: 9009 Votes  

Judgement of OLG Hamburg (Higher Regional Court Hamburg) of 04/08/2010, file number: 5 U 152/09

An advertisement must not be explicitly referred as “ad” when this is clearly one for the average reader. An explicit reference is not necessary in case that a separation is given, through the design of the ad, between editorial and advertisement content. Such design does not cover any  disguised advertising.

Category: Press Law, Advertising Law, Entscheidungen

Telemarketing calls are not consented with the mere participation in a lottery

Publication date: 03/05/2011

20397 times read
 :: 10434 Votes  

Judgement of the OLG Stuttgart (Higher Regional Court Stuttgart) of 11/11/2010, file number: 2 U 29/10

Consumers who provide their telephone number in a lottery do not automatically consent to telemarketing calls. In case that that consent is separately asked does not change anything since it cannot be assumed that the participant signs up with his real name. According to this, there is no effective consent. The burden of proof for the evidence that the participant of the lottery has given his real name shall be carried by the one who performs the marketing call. Shifting of the burden of proof would only happen in case that the data is not freely...

Category: Internet Law, Telephone Advertising, Consumer Law, Advertising Law, Entscheidungen

Test results can be used to advertise a product

Publication date: 09/03/2011

34128 times read
 :: 11808 Votes  

Decision of OLG Celle (Higher Regional Court Celle) of 24/02/2011, file number: 13 U 172/10

Test results can be used to advertise a product. However, it must be clearly indicated where the customer can get further information about the test. This readability generally requires of the use a font of at least size 6. Advertising using test results is therefore anti-competitive if the test results on the add are vaguely readable and thus not clear or easy to verify.

Category: Advertising Law, Unfair Competition Law, Entscheidungen

Second dentist opinion on the Internet

Publication date: 02/03/2011

14883 times read
 :: 9382 Votes  

Judgement of BGH (Supreme Court) of 01/12/2010, file number: I ZR 55/08

A dentist who makes on an Internet platform a counteroffer to the colleague’s treatment and cost plan that the patient has published there, is not contrary to the question of fairness of the legal profession either to the professional standards. In case that this dentist makes a treatment contract with the patient and he pays a part of his fee in return for the use of the virtual marketplace, this is not an impermissible fee promise for the location of patients. Accordingly, the operator of the internet platform does not act anti-competitively.

Category: Advertising Law, Professional Law, Unfair Competition Law, Entscheidungen

Marketing calls shall proof the consent

Publication date: 16/02/2011

12633 times read
 :: 8071 Votes  

Press release of BGH (Supreme Court) No. 29/2011 of 11/02/2011, file number: I ZR 164/09

Compliance with the so-called Double Opt-In procedure must be proved in the courts. The sole affirmation that the Double Opt-in has been followed is not enough. In the current case, the consent of the customer to receive marketing calls has been obtained within an online lottery. As evidence of this consent is not sufficient the submission of e-mails confirming the participation on the lottery since it is not proved whether the submitted telephone number is indeed the number of the sender of the confirmation.

Category: Unfair Competition Law, Advertising Law, Press Releases, Entscheidungen

Certified lawyer Hagen Hild as a lecturer in IT Law at the University of Augsburg

Publication date: 27/01/2011

28599 times read
 :: 19644 Votes  

In the two-day event “IT Law – organise and manage contents, communication and business legally steady on the Internet” within the lecture series “JuraBasics – Law for non-lawyers” of the University of Augsburg, certified lawyer Hagen Hild will impart practise-oriented knowledge. Lawyer Hild is a certified lawyer in IT-Law and in Protection of Industrial Property and daily advises clients in this area for almost 10 years. The event will take place on Friday 16/07 and Saturday 17/07 from 9 am to 5:30 pm.

Category: lawfirm.biz intern, IT Law, Internet Law, eBay Law, General Terms Law, Advertising Law, Unfair Competition Law

Advertising the activation of “fat-eater” hormones without any scientific background

Publication date: 12/01/2011

16958 times read
 :: 10965 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 30/11/2010, file number: I-4 U 88/10

It is illegal to advertise with the effect of food that does not join the current scientific knowledge or which proof is not scientifically provided. Thus, the advertising of capsules that are supposedly “fat-eaters” stimulating the body’s own slimming hormone without providing any study proof is misleading. In particular, consumers who suffer from their obesity are often less critical to new products being advertised and therefore more vulnerable than other consumers.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Pharmaceutical Law, Food Law, Entscheidungen

Misleading advertising in book reprint

Publication date: 18/08/2010

16264 times read
 :: 11270 Votes  

Judgement of OLG Köln (Higher Regional Court Cologne) of 11/06/2010, file number: 6 U 23/10

A publisher is not allowed to advertise a new edition of a book, which has experienced changes in content and format, without informing about the true contents of the book compared to the original work. An example is the advertising of a new edition of a well-known book from Helmut Newton, which was published in a reduced format and in which 74 pictures were replaced by other motives. The Higher Regional Court Cologne confirmed the injunction against the publisher so that the use of six advertising messages, such as “Resurrection of the book”, is inadmissible....

Category: Copyright Law, Advertising Law, Media Law, Entscheidungen

Discount only for goods in stock

Publication date: 12/08/2010

17466 times read
 :: 9423 Votes  

Judgement of BGH (Federal Supreme Court) of 10/12/2009, file number: I ZR 195/07

Advertising with a significant discount offends the transparency controlled on § 4 No. 4 UWG (Fair Trade Act) if it is not clearly indicated that such discount should be only applied to the goods, which already are in stock. This applies even if the rebate is only temporary – as on the advertising day, for example.

Category: Advertising Law, Unfair Competition Law, Entscheidungen

Advertising with non-deliverable goods, without pointing it out, is misleading

Publication date: 30/07/2010

16096 times read
 :: 6843 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 22/04/2010, file number: I-4 U 205/09

Provided that products are offered on the Internet without reference about their availability, means that the goods can be immediately shipped. In case that an immediate delivery is not possible and there is no reference of this on the add, then this advertisement is misleading and anti-competitive.

Category: Unfair Competition Law, Advertising Law, Entscheidungen

Confirmation SMS are not junk mail

Publication date: 19/07/2010

20873 times read
 :: 13660 Votes  

Judgement of AG Berlin-Mitte (Local Court Berlin) of 12/01/2010, file number: 14 C 1016/09

Provides a mobile service to its users the possibility to register the cell number in order to apply for offered services and a confirmation short message follows after mentioned application, this SMS cannot be considered as a junk mail. The SMS has no sales promotion purpose but fulfils the information duty.

Category: Advertising Law, Unfair Competition Law, Bothersome Ads, Telecommunication law, Consumer Law, eMail Advertising, Fax Advertising, Telephone Advertising, Entscheidungen

Anticompetitive tradition advertising

Publication date: 05/07/2010

10449 times read
 :: 6364 Votes  

Judgement of OLG Oldenburg (Higher Regional Court Oldenburg) of 22/04/2010, file number: 1W 16/10

A company may principally advertise with a long family tradition. The so-called maturity stage, however, contains hidden quality features which may influence the customer and his purchase decision. Therefore, this maturity stage may occur in a certain extend. Advertising with the continuity of a company is only allowed if this continuity really lasted during the highlighted period. Advertising with a 110-years-old family tradition, although the company has been re-established 18 years ago, is inadmissible and anticompetitive.

Category: Advertising Law, Unfair Competition Law, Entscheidungen

Supposed "free deliveries" are anti-competitive

Publication date: 18/06/2010

12721 times read
 :: 7690 Votes  

Judgement of the OLG Hamm (Higher Regional Court Hamm) of 04/05/2010, file number: 4 U 32/10

Advertises a distributor of advertising material with the words "Free delivery within Germany and Austria for online orders" without pointing out that a surcharge of 4,80 € would be charged on orders under 50 € and that packaging expenses will be also calculated on online orders, so the distributor behaves anticompetitive compared to other competitors.

Category: Unfair Competition Law, Advertising Law, Entscheidungen

"Bye bye belly!" – Misleading advertising with slimming belt

Publication date: 16/06/2010

17995 times read
 :: 9494 Votes  

Judgement of LG Braunschweig (Regional Court Braunschweig) of 02/06/2010, file number: 22 O 514/10

A gym advertised in print media with a training belt “Slim Belly” which should bring “8,6 cm less waist within four weeks”. The campaign has not mentioned that, in addition, endurance training is required. Even during the proceeding, the studio operator could not demonstrate the sole effect of the belt, therefore, the advertising is misleading.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Press Releases, Entscheidungen

“Der Hausmeister” without copyright notation

Publication date: 16/04/2010

10439 times read
 :: 6646 Votes  

Judgement of LG Bielefeld (Regional Court Bielefeld) of 13/04/2010, file number: 4 O 293/06

It is agreed that the use of a logo is allowed only with a suitable copyright notation so that the originator of the logo can claim for compensation in case of offence. In the legal action of the Regional Court Bielefeld, a graphic artist, who agreed to make available the logo “Der Hausmeister”, complained that in case of using the logo, a well recognizably ©-Copyright notation with the name of the plaintiff shall be attached. However, the defendant used the logo on his company car as well as on his Internet site without the agreed notation. Consequently, a...

Category: Copyright Law, Advertising Law, Entscheidungen

Medicines with the denomination "acute" – how long it may last up to the effect?

Publication date: 12/01/2010

34302 times read
 :: 26030 Votes  

Press release No. 37/09 of LG München I (Regional Court Munich I) of 16/12/2009, file number: 7 O 17092/09

If a pharmaceutical company advertises a medicine using the adjective "Acute", the average consumer should expect quick effect in order to relief his ailment, an improvement of his physical situation within the next 20 – 60 minutes after taking the medication. If the effect takes place one day after the intake, a considerable temporal delay is present and, therefore, states a misleading advertising for the consumer.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Pharmaceutical Law, Press Releases, Entscheidungen

About the advertisement of goods’ discount only if these are already on stock

Publication date: 14/12/2009

18429 times read
 :: 11322 Votes  

Press release No. 251/2009 of BGH (Federal Supreme Court) about the judgement of 10/12/2009, file number: I ZR 195/07

The advertisement for a discount on a certain day at the rate of 19% is a basically allowed marketing method. Nevertheless, if the discount is only valid for the goods which are already on stock and not for the products ordered on this day, this must be clear and unambiguously informed in the add to the consumer. If there is no clear hint to the restriction of that discount, the seller acts anticompetitive due to the offence against the transparency requirement.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Internet Law, Press Releases, Entscheidungen
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