According to Section 6 of the German Act on Unfair Competition, the German legal system also rules eventual misunderstandings which may occur in the presence of advertising which may result illegally comparative. What do we exactly intend when talking about comparative advertisement campaigns, for instance?
Pursuant to Section 6, with “comparative advertising” is intended any advertising or by implication identifies a competitor, or goods or services offered by a competitor.
So, what could happen in case of infringement of this paragraph? What is an infringement per se on the first place?
This is also regulated under Section 6 (2) UWG: Unfairness shall have occurred where a person conducting comparative advertising uses a comparison that
1. does not relate to goods or services meeting the same needs or intended for the same purpose;
2. does not objectively relate to one or more material, relevant, verifiable and representative features of the goods concerned, or to the price of those goods or services;
3. leads in the course of trade to a risk of confusion between the advertiser and a competitor, or between the goods or services offered, or the distinguishing marks used, by them;
4. takes unfair advantage of, or impairs, the reputation of a distinguishing mark used by a competitor;
5. discredits or denigrates the goods, services, activities or personal or business circumstances of a competitor; or
6. presents goods or services as imitations or replicas of goods or services sold under a protected distinguishing mark.