Unfair Competition Navigationstitel:

teltarif.de interviews certified lawyer Hagen Hild

Publication date: 06/03/2013

34560 times read
 :: 19886 Votes  

teltarif.de interviews on February 27, 2013 certified lawyer Hagen Hild about the topic: “Kabel BW:  is a price adjustment clause in the Terms and conditions legally effective?”.

Category: General Terms Law, Industrial Property Protection, lawfirm.biz intern, Interviews, Telecommunication law, Unfair Competition Law, Price Quotation, Economy + Labour & Taxes

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

Publication date: 29/06/2012

13429 times read
 :: 8564 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

“Medical foot care„ exclusively for podiatrists

Publication date: 19/10/2011

18126 times read
 :: 10979 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

New EU Toys Directive

Publication date: 12/07/2011

25025 times read
 :: 16209 Votes  

The Member States hat time until January 20, 2011 to implement the new directive 2009/48/EC of the European Parliament and of the Council on the safety of toys – these implementing regulations should be applied from July 20, 2011. We have compiled for you the important innovations mentioned in the toys directive and also in the second regulation of the equipment and product security law and which should be followed by manufactures and online sellers.

Category: Unfair Competition Law, Consumer Law, Warning letter, Article, General Terms Law, lawfirm.biz intern

Challenges to the legal conformities of a mobile website on the internet

Publication date: 08/06/2011

35299 times read
 :: 22432 Votes  

With the growing number of Smartphone users is also increasing the interest from companies to remain present in the mobile business. Applications for mobile phones - so-called apps - are already an important economic factor, which should not be underestimated. Through these apps, it is possible more than order rail tickets through mobile phones, full web pages are optimized for Smart phones including complete ordering processes. As in ecommerce, numerous statutory duties must be considered by those companies. 

Category: Internet Law, Imprint, Duty to Inform, M-Commerce, Telecommunication law, Unfair Competition Law, General Terms Law, Data Protection, Article, Entscheidungen

Special price offer cannot depend on down-payments

Publication date: 16/05/2011

18443 times read
 :: 11945 Votes  

Judgement of LG Darmstadt (Regional Court Darmstadt) of 06/04/2011, file number: 25 S 162/10

Following clause of the terms and conditions “The special price is only valid with full payment at the shipping and billing date. In case of late or incomplete payment, the special price is not longer valid” has been declared invalid by the Regional Court Darmstadt. First, the term “billing” is too vague. For the customer is not clear whether this date refers to the invoice date or to the delivery date. Additionally, the statutory right of retention of the customer is so limited through the clause that an exclusion of the...

Category: General Terms Law, Consumer Law, Price Quotation, Entscheidungen

Obligation to indicate the delivery costs to every country

Publication date: 02/05/2011

13215 times read
 :: 8490 Votes  

Judgement OLG Hamm (Higher Regional Hamm) of 01/02/2011, file number: I-4 U 196/10

Online shops operators have to specify on their website the delivery costs to each supplying country. An indication on the website stating that the customer will be notified on request about the actual shipping prices is not enough.

Category: Internet Law, Duty to Inform, Unfair Competition Law, Consumer Law, Top Decisions, Entscheidungen

Test results can be used to advertise a product

Publication date: 09/03/2011

33422 times read
 :: 11383 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

14224 times read
 :: 8991 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

12073 times read
 :: 7696 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

Price comparison is not unfair comparative advertising

Publication date: 08/02/2011

11270 times read
 :: 6610 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

Inflated claim forms regarding reimbursement of taxes and airport charges of "Germanwings" not used anymore

Publication date: 02/02/2011

13161 times read
 :: 8591 Votes  

Judgement of LG Köln (Regional Court Köln) of 28/10/2010, file number: 31 O 76/10

Clients of “Germanwings” will no longer be discouraged by complicated and difficult to understand claims forms regarding the reimbursement of the already paid taxes and airport charges. The consumer was prejudiced through the handwriting filling and the demand to submit detailed, often redundant, information concerning the restitutory right.

Category: Consumer Law, Unfair Competition Law, Entscheidungen

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

Publication date: 27/01/2011

26908 times read
 :: 18543 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

16258 times read
 :: 10555 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

Minors as alcohol test buyers

Publication date: 06/12/2010

13186 times read
 :: 8585 Votes  

Judgement of the LG Hamburg (Regional Court Hamburg) of 02/09/2010, file number: 416 O 78/10

Service station operators are not allowed to sell any alcoholic drinks to minors. To prove such an infringement of the competition law, a minor is permitted to act as an underage test buyer provided that the minor purchases the alcohol only for the purposes of the test purchase and not for the own consumption.

Category: Consumer Law, Unfair Competition Law, Entscheidungen

Credit- and cash cards fees settled by airlines are not permitted

Publication date: 25/10/2010

30934 times read
 :: 16982 Votes  

Judgement of BGH (Supreme Court) of 20/05/2010, file number: Xa ZR 68/09

a) Following clause, found in the general terms and conditions of an airline, which offers its services almost exclusively as distant sales, has been reviewed:

“Since security and administrative costs have increased, Ryanair will not accept any cash payments for the tickets, fees and costs for the excess luggage and sport equipment.”

b)  Following clause of the general terms and conditions of a company of that kind disadvantages the passenger inappropriately, contrary to the principle of equity and good faith and is, therefore, invalid:

"(1) credit card fee per...

Category: General Terms Law, Long Distance Sales Act, Consumer Law, Unfair Competition Law, Entscheidungen

Advertising with free delivery without mentioning the surcharge for small volume is anticompetitive

Publication date: 23/08/2010

17053 times read
 :: 7906 Votes  

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

The advertising of a company with the words "Online orders will be delivered free of charge within Germany and Austria” is inadmissible and therefore misleading since the consumer is not informed that extra costs will be charges in case that that the order amounts less than 50 euro net. The customer is thus misled concerning the end price to be paid.

Category: Unfair Competition Law, Consumer Law, Entscheidungen

Discount only for goods in stock

Publication date: 12/08/2010

16862 times read
 :: 9050 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

15653 times read
 :: 6597 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

19973 times read
 :: 13145 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
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