Climate/environmental neutrality are advertising buzzwords used to express the environmental credentials of a company. They can be found in advertisements as well as on the products themselves. Whether and when such claims are exaggerated and may mislead consumers is currently being clarified by the courts. A status update is therefore in order.
Consumers should be able to tell immediately whether the food they are eating is genetically modified. The German Federal Ministry of Food and Agriculture has therefore developed a dedicated GMO-free label, intended to identify the products bearing it as GMO-free. In the meantime, every fifth litre of milk from Bavaria is labelled as being ‘without genetic engineering’. But is the seal, as a trademark, protectable or not? Could it potentially deceive the consumer?
Consumers encounter logos in the form of quality seals in advertising and on product labels on a day-to-day basis. The function of such logos is to inform potential consumers about the beneficial properties of the products. These logos are so widespread that the consumer may not always be able to identify their intended meaning. Despite this, can these logos be safely used as long as they keep their promise and the products are in fact beneficial?
A symbol of a company’s green credentials can attract customers. Under what circumstances could such terms be used in advertising? And can they be protected as a trademark?
The patent of your product has expired. And the trade mark that protected its shape has been cancelled. But don’t give up. You may still be able to claim protection against counterfeiting.
The typical Wenger cross emblem that appears on the luggage of Wenger S.A. is very similar to the Swiss cross. However, Wenger’s luggage was manufactured in China rather than Switzerland. Did the Wenger cross unlawfully mislead German consumers as to the location of production?