LHR obtains preliminary injunction against Whirlpool dealer for inaccurate advertising as ‘long-standing experienced manufacturer’
Your contact person
At the request of Lampmann, Haberkamm & Rosenbaum Rechtsanwälte (LHR), the Regional Court of Cologne (LG Köln, Beschluss v. 10.1.2017, Az. 31 O 416/16) issued a settlement order against a retailer of whirlpools and spas.
This prohibits the dealer from describing himself as a manufacturer or specialised dealer with many years of experience.
In the event of infringement, a fine of up to € 250,000 or up to six months’ imprisonment may be imposed.
The decision was issued by way of a decision order. A final decision is reserved for proceedings on the merits. Unless the retailer recognises the ruling as a final ruling.
The Cologne Regional Court thus followed the competitor’s argument that the specific advertising of experience was misleading.
Customers are led to believe by the statement ‘long-standing experienced manufacturer’ that the company is a particularly experienced and therefore competent market player. However, the statement was not accurate as the competitor had only been in existence for a few years in the form of a limited company and it was doubtful whether the whirlpools on offer were actually manufactured by the company or whether they were merely commissioned productions.
In addition to the claim for injunctive relief, there are claims for damages, which the represented retailer will assert in separate proceedings.
Update 16.11.2018
Related posts
Multiple awards.
