Article 5 1.
Article 6 1. (f)
|National ID||39 O 71/10|
|Common name||Decision type||Court decision, first degree|
|Court translation||District Court Stuttgart||Defendant(s)|
|Subject||attributes of the trader|
|Keywords||competition, misleading advertising, misleading commercial practices|
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An advertisement with the description "Taxi-Zentrale" is a misleading commercial practice in terms of Article 6 UCP Directive, in the event the cab company in question has no cooperation agreements with other cab companies in the same area or is at least one of the biggest, if not the biggest, cab company in the area.
The defendant, a taxi company, used the name "Taxi-Zentrale" (Cab Headquarters). The company advertised under that name in phonebooks and had printed this name on its cabs.
In fact, the cab company operated only three cabs. In the same area two other cab companies were located with four cabs each. The companies had no agreement about a cooperation.
The plaintiff, a competing taxi company, requested a cease-and-desist order against the defendant to use the name "Taxi-Zentrale".
Does advertising with the name "Taxi-Zentrale" constitute a misleading commercial practice, if the company is in fact only a small company with a limited number of cabs and has no cooperation agreements with neighboring cab companies in place?
After assessing aforementioned facts, the court concluded that the use of the name "Taxi-Zentrale" (Cab Headquarters) is a misleading commercial practice in terms of § 5 UWG (Unfair Competition Act), because it contains information which is able to cause misconceptions about the size of the company.
According to the court, an average consumer may think that the cab control centre is a cooperation of several cab companies or at least the biggest cab company in the area.
The court thus concluded that the defendant committed a misleading commercial practice.
|URL Decision||Decision full text|
The plaintiff's request was granted.
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