In its judgement of 23.11.2021, Case No. 15 O 104/20, the Regional Court of Bielefeld had to decide whether advertising with customer names on the internet is legally permissible.
Are companies allowed to advertise with the names of their customers?
The plaintiffs are well-known German insurance companies. The defendant is a so-called "profiler" and works, among other things, as a lecturer, author and coach for personality development. On the defendant's website there is a section called "References". There, companies are listed in alphabetical order for which the defendant has worked. The plaintiffs are also listed here. In September 2018, the plaintiffs requested the defendant to remove their names from the defendant's website. The defendant initially complied with this request. Subsequently, however, the plaintiffs' names were again mentioned on the website. The plaintiffs then issued a warning to the defendant and demanded that it issue a declaration to cease and desist with a penalty clause. The defendant rejected the plaintiffs' claims. The plaintiffs then applied to the Bielefeld Regional Court for an interim injunction and demanded that the defendant cease and desist from using their names.
Does naming a company violate corporate personality rights?
According to the Bielefeld Regional Court, the plaintiffs' right to corporate personality had been violated. The plaintiffs' right to the social sphere of their corporate personality was affected by the defendant's mentioning of their name in the section "Clients & References", as the defendant, by mentioning their name, at any rate expressed that it had worked with the plaintiffs in the past. The name of the plaintiffs is thus placed in a context with the diverse range of services offered by the defendant and its public appearance.
Companies can decide for themselves who advertises with their names
The plaintiffs had an interest worthy of protection in not being named as customers or references for the defendants within the framework of the internet presence, as they themselves had the right to define their social standing and to decide for what purposes their name was given. This interest also outweighed the legitimate interests of the defendants. The defendant's countervailing interest in advertising with the names of clients and references was generally protected by the freedom of occupation under Article 12(1) of the Basic Law, since advertising for the defendant by means of an Internet presence was part of the defendant's business activity. However, this interest was secondary to the legal interests of the plaintiffs. The plaintiffs were not obliged to tolerate the use of their names.
What does the ruling mean for you?
According to the ruling of the Regional Court of Bielefeld, you should be careful with customer reviews on the internet, especially when mentioning names. This is because an unlawful mention of names can result in a costly warning and a request to submit a declaration to cease and desist with a penalty clause.
Feel free to contact us at any time. We will be happy to check your advertising statements for possible legal infringements and tell you what you need to do to be allowed to advertise with your customers' names.
Source: Regional Court of Bielefeld, judgement of 23.11.2021, ref. no. 15 O 104/20 (legally binding)
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