Textile labeling: „Cotton“ is okay, „Acrylic“ is not

In the fiber designation of jogging pants, the component „cotton“ may also be referred to as „cotton“, even though the term is not included in the Textile Labelling Regulation (TextilKennzVO). The targeted consumer understands this term without further ado as the English translation of „cotton“, so that there is no noticeability of the infringement pursuant to Section 3a UWG. § Section 3a UWG is missing. However, the use of the term „acrylic“, which is also not included in the Textile Labelling Regulation, is inadmissible(BGH, judgment of 31.10.2018 – I ZR 73/17).

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