Is your competitor using unfair comparative advertising?

Unfair comparative advertising can disparage your brand and distort the market to your disadvantage. We support you in enforcing your rights and putting an end to unfair practices.

1. individual examination of the comparative advertising Comparative advertising is generally permitted under Section 6 UWG, but becomes unfair as soon as certain criteria are not met. We analyze your competitors' advertising claims precisely in accordance with the legal requirements.

• Misleading and disparaging: The comparison must not be misleading and must not disparage or denigrate the goods, services or person of the competitor. For example, a smiling raccoon spraying over a competitor's corporate colors was considered an aggressive and crude measure that exposes the competitor to ridicule and ridicule (OLG Frankfurt am Main, judgment of 10.2014 - 6 U 199/13).
• Objectivity and verifiability: The comparison must relate to essential, relevant and verifiable characteristics or the price. Subjective value judgments such as "tastes better" are not verifiable and therefore inadmissible.
• Same requirement or the same purpose: Only products or services that have the same need or the same purpose may be compared.
• No exploitation of reputation: Comparative advertising may not unfairly exploit or impair the reputation of a competitor. The unlawful representation of a product as an imitation or replica is also prohibited.
• No risk of confusion: Advertising must make it clear which product is being advertised and which is being compared in order to avoid any risk of confusion.
  
  

2. active law enforcement If we discover an infringement of competition law during our investigation, we will take the necessary steps to put an end to it and enforce your claims.

• Warning: We issue a warning to the competitor and demand that he immediately cease the conduct complained of and submit a cease-and-desist declaration with a penalty clause.
• Interim injunction: In cases of particular urgency or if the competitor does not respond to the warning, we apply to the competent court for an injunction to stop the unfair advertising as quickly as possible.
• Claims for damages: In serious cases, we may also assert claims for damages for losses incurred as a result of unfair advertising.
  
  

3. long-term hedging Our aim is to give you a sustainable competitive advantage. We proactively advise you on your own advertising practice so that you do not risk any warnings and can design your marketing strategies in a legally compliant manner.