In reality, the GmbH was only founded in 2012.
The decision was made without written reasons.
Advertising with the age of a company regularly evokes positive associations among the target public. In this way, the public attributes to the company special experience in the relevant field, economic performance, reliability and solidity as well as long-standing esteem within the customer base. Age advertising therefore contains hidden quality signals that are capable of influencing consumers’ purchasing decisions.
It is obvious that, particularly in view of the repeated scandals in the financial sector, the age and thus the reliability and experience of a company for the brokerage of financial investments plays a significant role in the investment decision of the targeted customers. Corresponding information must therefore also be accurate.
The company against which the claim was asserted immediately issued a final declaration after the preliminary injunction was served. The decision of the Frankfurt Regional Court is therefore equivalent to a title on the merits and is legally binding. The assertion of claims for damages is currently being prepared by LHR and will be reserved for separate court proceedings.
Lawyer Arno Lampmann from the law firm LHR:
“Such a clear-cut case is rare: A young company that has only been on the market for 1 1/2 years cannot, of course, claim to have 30 years of experience. However, the customer, who does not usually look at the commercial register, naturally does not know the true situation and is therefore taken in by the advertising. It is understandable that our client wanted to take immediate action against such machinations.”
(la)
(Bild: © olly– Fotolia.com)
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