"Official" does not necessarily mean "officially from the government" – GEERS Hörakustik has success with GvW Graf von Westphalen
GEERS Hörakustik GmbH & Co. KG (in the meantime, named SONOVA Retail Deutschland GmbH) has successfully defended against a cease and desist claim asserted by the consumer protection organization Verbraucherzentrale Schleswig-Holstein e.V. under the German Act against Unfair Competition [Gesetz gegen den unlauteren Wettbewerb, "UWG"]. The District Court [Landgericht] Kiel accepted the argument of the hearing aid manufacturer and classified the mailing as permissible under competition law in a judgment of 2 March 2018 (16 HKO 33/17).
The consumer protection organization had issued a warning to GEERS because the company was using the phrase "Official Notification Documents" in its advertising mailings. As the District Court Kiel has determined, the warning was not justified. The mailing was stated to be neither misleading, nor did it disguise its nature as advertising.
The commercial nature of the mailing was held to be clear for an average reader and readily apparent in this specific case. GEERS was clearly designated as the sending party in the envelope window, the judges found. Language such as "official" ("offiziell") on the envelope was stated not to create the impression with an average consumer that this was a letter from a governmental office uses the word "amtlich" as another word for "official" in German. The consumer organization has not filed an appeal against this judgment.
GvW represented GEERS through the Düsseldorf partners Dr. Joachim Mulch and Dr. Christian Triebe (Hamburg, both IP). Dr. Mulch has acted on behalf of the company for many years, including in disputes under competition law, and has already obtained some fundamental judgments for the hearing aid manufacturer (more).
News
Federal Administrative Court: Fehmarn Belt Fixed Link may be built
The Federal Administrative Court has dismissed all six pending appeals against the planning decision on the Fehmarn Belt Fixed Link. Construction of the tunnel may therefore now also begin in Germany. GvW advised the State of Schleswig-Holstein and was represented by a Hamburg team consisting of Dr Ronald Steiling (lead), Corinna Lindau, Dr Dietrich Drömann, Prof. Dr Christian Winterhoff, Dr Andreas Wolowski, Saskia Soravia, Dr Stefanie Ramsauer, Dr Annika Bleier, Felix Kazimierski and Niclas Langhans. (BVerwG 9 A 6.19, 9 A 7.19, 9 A 9.19, 9 A 10.19, 9 A 11.19, 9 A 12.19 and 9 A 13.19).
H4 Hotel Mönchengladbach at BORUSSIA-PARK: the place for that Bundesliga feeling
Football is king at H-Hotel Group’s new H4 Hotel in Mönchengladbach. Its location right next to the stadium and the theme rooms depicting the history of the Borussia Dortmund football club make this new hotel unique and a must for any football enthusiast. Our lawyers had the pleasure of advising H-Hotels Group on the creation of its first football-themed hotel and took the chance to visit this amazing place shortly after its opening.
Transport System Bögl: new local public passenger transport system a big success in China
The Max Bögl group of companies has developed a new local public passenger transport system. The system called “Transport System Bögl” (TSB) uses magnetic levitation, or “maglev” technology and provides a clean and cost-efficient means of transport for better mobility in inner city areas. The technology is becoming increasingly popular also in other countries: Max Bögl’s most recent export order was the sale of its TSB to China. The company’s plans include building a 3.5 km test track in Chengdu and extensive marketing activities to promote the technology in China – all through a sales partnership with a Chinese company.
You don't want to miss any more of the latest legal developments? And be invited to our events? Then register here.