In line with established case law, Duisburg Regional Court ruled that providing a link to the test results as part of advertising with the test verdict “test winner” is insufficient. The case law of the BGH requires not only that a reference to the test is provided at all, but also that this information is easy for the consumer to find due to the design of the advertisement. This requirement is not met if the user first has to search for the test results via a link on the advertiser’s website(Duisburg Regional Court, judgment of 2 May 2019, ref.: 4 O 219/18).
Free newsletter
Current decisions and practical guidance on trade mark, copyright, media and competition law in Germany and the EU. Concise, by email.
Double opt-in. You can unsubscribe at any time using the link in every email.