In any case, the identity of the entrepreneur includes his name. However, this does not exhaust the concept of „identity“. Identity also includes – even more than the name – the legal form of the entrepreneur. While names are just „smoke and mirrors“ and therefore merely a superficial characteristic for determining identity, the question of the legal form touches on the inner essence or – in other words – the core of the entrepreneur’s identity. The legal form of the entrepreneur is therefore also part of his identity, about which information must be provided in accordance with Section 5a para. 3 No. 2 UWG. This understanding of the concept of identity is also in line with the meaning and purpose of the provision in Section 5a para. 3 No. 2 UWG: The consumer should be put in a position to assess the reputation of the trader as well as his economic creditworthiness and liability. In any case, the latter two circumstances may depend on the legal form of the company. The consumer should find out what kind of legal entity or what kind of legal entity they are dealing with in the „invitation to purchase“ (OLG Hamm, judgment of February 18, 2020, Ref.: 4 U 66/19).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.