Unfair Competition Law

Misleading Environmental Claims – climate neutral and environmentally neutral

Misleading Environmental Claims – climate neutral and environmentally neutral

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.

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Deception from GM label? – Without genetic engineering

Deception from GM label? – Without genetic engineering

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?

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Deception through manufacture in China despite Swiss cross

Deception through manufacture in China despite Swiss cross

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?

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