European Commission

 

Case detail



Directive article Article 5 1.
Article 6 1. (f)
National ID 39 O 71/10
Country Germany Decision date 24/11/2010
Common name Decision type Court decision, first degree
Court Landgericht Stuttgart Plaintiff(s)
Court translation District Court Stuttgart Defendant(s)
Subject attributes of the trader
Keywords competitionmisleading advertisingmisleading commercial practices

+ Expand all

Headnote

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.

Facts

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".

Legal issue

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?
 

Decision

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
DE N/A
EN N/A

Result

The plaintiff's request was granted.

Additional information

Date Description URL
There is no events for this case.

Related case(s)

National ID Common Name Subject Country Link type
There is no related cases for this case.

Legal Literature

Title Author
There is no Legal Literature for this case.