Unique advertising
The unique position advertising (also top position advertising) are statements with which the advertiser claims to have a lead over all competitors in certain respects. The statement can refer to many things, in addition to the company itself, its products or services, its social commitment, etc.
Legal evaluation
The admissibility of a unique selling proposition is to be checked in the context of § 5 Abs. 1 S. 2 Nr. 3 UWG ( misleading advertising ). However, comparative advertising is not always available. It is true that every comparative advertising must be measured against the standard of § 5 UWG (§ 5 III UWG), but not every top-ranking advertisement is also a comparative i. S. d. § 6 UWG.
For the admissibility of such advertising, the BGH demands that it is true and that the claimed advantage is clear and of a certain degree of continuity . So-called meaningless promotions ("The Blockbuster of Summer"), that is, assertions that cannot be objectively verified, or statements that are obviously not meant to be serious ("cleaning miracles") do not fall into the category of misleading from the outset.
Examples
- Superlative: the best ...; the most widely read ...; the freshest ...
- Comparative: gives longer life; holds better; offers better products
- Negative comparative: ... you will not have such a low consumption with any other oil!
- Specific article: Bielefeld's great newspaper, Der Kölner Bäcker
Individual evidence
- ^ Gloy / Loschelder / Erdmann: Handbook of competition law . 4th edition. CHBECK, Munich 2010, ISBN 978-3-406-58165-6 . §§ 5, 5a Rn. 205.
- ↑ BGH, judgment of June 17, 2004 - I ZR 284/01 - GRUR 2004, 786 - Largest online service, available at Terhaag & Partner Rechtsanwälte: Largest online service ; Köhler / Bornkamm, UWG 30 ed. § 5 Rn. 2,150 mWN
