“Medical foot care„ exclusively for podiatrists

Publication date: 19/10/2011

19119 times read
 :: 11365 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

Second dentist opinion on the Internet

Publication date: 02/03/2011

14776 times read
 :: 9291 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

Supply of glasses

Publication date: 14/08/2009

10795 times read
 :: 6960 Votes  

Judgement of BGH (Federal Supreme Court) of 09/07/2009, file number: I ZR 13/07

The wish of the patient to receive the complete assistance from the same hand is not enough to justify the reference to a certain optician or the delivery and adaptation of the glasses by the ophthalmologist. Hence, a reference to a certain optician is anticompetitive.

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

Admissibility of cooperation between ophthalmologist and optician

Publication date: 09/07/2009

15419 times read
 :: 8985 Votes  

Press release of BGH (Federal Supreme Court) of 09/07/2009, file number: I ZR 13/07

The Federal Court of Justice has decided in a current judgement that ophthalmologists might co-operate only with an optician and offer his frames if this “are a component of the necessary medical therapy because of its specific features”. Otherwise, such an action would infringe against the Medical Association's professional code of conduct   and would be anticompetitive.

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

Certificate of quality for lawyers

Publication date: 15/04/2009

13733 times read
 :: 7491 Votes  

Judgement of LG Köln (Regional Court Cologne) of 03/02/2009, file number: 33 O 353/08

In case lawyers’ quality was checked, this quality should be clearly recognisable on the conferred certificate. The advertising of such certificate is delusive, even if it suggests the criteria is objective, while actually, it is installed in the testing centre’s sole discretion. 

Category: Advertising Law, Professional Law, Entscheidungen

"Das Örtliche" as a local advertising platform

Publication date: 15/04/2009

10104 times read
 :: 6837 Votes  

Judgement of LG Paderborn (Regional Court Paderborn) of 24/02/2009, file number: 7 O 67/06

If a service company is promoted in "Das Örtliche", is to be assumed that this company enterprise is settled in the searched place or town. Nevertheless, misdirection is not given in case the searched company moves after the phone book editorial deadline, which means it is still promoted under its old address. 

Category: Advertising Law, Professional Law, Entscheidungen

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