OLG Oldenburg prohibits advertising with 110 years of furniture tradition

An advertisement with a "110-year furniture tradition" containing a quality statement is likely to influence the consumer's decision to buy.

Therefore, if a company advertises with such a statement, it must also be able to look back on a correspondingly long existence. If this is not the case, any advertising is inadmissible. This was decided by the 1st Civil Senate of the Oldenburg Higher Regional Court in two decisions that have just been published (1 W 12/10 and 1 W 16/10).

A furniture company based in the region had advertised with "110 years of family tradition" and "110 years of furniture tradition" and made special offers to mark the "century" anniversary. A competition association then demanded that the furniture company cease the advertising. The application was successful. The 1st Civil Senate ruled that advertising with accurate references to a company's long-term existence and success was generally permissible as so-called "age or tradition advertising" because it emphasised a special entrepreneurial achievement. However, this must also correspond to the actual circumstances. In the case at issue, the advertisement was misleading because the advertising company had only been founded in 1992 and thus could not look back on a 110-year history. It was not sufficient that there might be a 110-year tradition in the family of the shareholders or that there was a 110-year furniture tradition in another business run by family members.

Source: Press release of the OLG Oldenburg

Goldberg Attorneys at Law
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist attorney for information technology law (IT law)
E-mail: info@goldberg.de

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