A company's advertising brochure must correctly state its company name as registered in the commercial register and its business address. This was decided by the 4th Civil Senate of the Hamm Higher Regional Court on October 30, 2012, thereby confirming the first-instance judgment of the Dortmund Regional Court.
The defendant company, operator of a nationwide chain of hardware stores, had listed the addresses, email addresses, and telephone numbers of the advertised hardware store branches in an advertising brochure, but failed to indicate its company name as registered in the commercial register and the address of its administration. The plaintiff association of mail-order companies objected to this and demanded an injunction under competition law. The 4th Civil Senate of the Hamm Higher Regional Court confirmed the plaintiff association's claim for an injunction.
The defendant's advertising was inadmissible because the defendant had not fulfilled its information obligations pursuant to Sections 5a (3) No. 2, (2) of the UWG. According to these provisions, an advertising brochure must state the identity and address of the offering company. This requires disclosing the company name registered in the commercial register, including its legal form, as well as the address of its headquarters or administration. These details are necessary so that a consumer can correctly identify the defendant in the event of a legal dispute with the company. It is not sufficient if the consumer can obtain the relevant information elsewhere, e.g., via the defendant's own website.
Due to a similar competition infringement, the 4th Civil Senate had already ordered a defendant commercial enterprise to cease and desist on February 2, 2012. The defendant in that legal dispute had advertised the sale of clothing and laundry nationwide with an advertising brochure, without disclosing its company name and address. Its brochures merely referred to an internet address and local branches. This advertising was also inadmissible because it withheld from the consumer the necessary information about the company for a potential claim against the defendant.
Legally binding judgments of the 4th Civil Senate of the Hamm Higher Regional Court dated October 30, 2012 (I-4 U 61/12) and February 2, 2012 (I-4 U 168/11).
Source: Press release of the Higher Regional Court of Hamm
Goldberg Attorneys at Law 2013
Attorney Michael Ullrich, LL.M. (Information Law)
Specialist Attorney for Information Technology Law
E-mail: m.ullrich@goldberg.de
