Retspraksis

  • Sagsoplysninger
    • Nationalt ID-nr.: National Sea and Trade Court, Judgement U.2021.5348 S
    • Medlemsstat: Danmark
    • Almindeligt anvendt navn:N/A
    • Afgørelsestype: Afgørelse fra en domstol i første instans
    • Afgørelsesdato: 08/09/2021
    • Retsinstans: Sø- og Handelsretten
    • Emne:
    • Sagsøger:
    • Sagsøgt:
    • Nøgleord: Advertising, false impression, misleading advertising, misleading statements
  • Direktivets artikler
    Misleading and Comparative Advertising Directive, Article 3 Misleading and Comparative Advertising Directive, Article 3
  • Indledende note

    A business (A) in plumbing and heating sector had put a banner on their website stating that they were experts and that their authorisation was the customers safety. They also made clear that they had nothing to do with a competing business (B) with a name very similar to theirs or any other unauthorised businesses in plumbing and heating.

    The competing company claimed that the statement on the banner was miscrediting and misleading.

    (The case was also about whether A had a trademark right to their name which the court did not grant.)

  • Fakta

    On a banner on A’s webpage, it was stated that they have nothing to do with B (a competing company) or any other unauthorised companies. In Denmark, no authorisation is needed to be a plumber and the statement could therefore, be seen as misleading.

  • Juridisk spørgsmål

    Is it misleading and discrediting to refer to a competitor and the lack of authorisation when there is no requirement for such an authorisation?

  • Afgørelse

    The court ruled that it was discrediting and misleading to make such a statement. Even though a few services actually do require an authorisation, the statement was too broad and thus discrediting.

    Hele teksten: Hele teksten

  • Relaterede sager

    Ingen resultater

  • Retslitteratur

    Ingen resultater

  • Resultat

    Through the judgement the court establishes that statements implying that there is a requirement for authorisation i misleading.