"Official" does not necessarily mean "officially from the government" – GEERS Hörakustik has success with GvW Graf von Westphalen
GEERS Hörakustik GmbH & Co. KG (in the meantime, named SONOVA Retail Deutschland GmbH) has successfully defended against a cease and desist claim asserted by the consumer protection organization Verbraucherzentrale Schleswig-Holstein e.V. under the German Act against Unfair Competition [Gesetz gegen den unlauteren Wettbewerb, "UWG"]. The District Court [Landgericht] Kiel accepted the argument of the hearing aid manufacturer and classified the mailing as permissible under competition law in a judgment of 2 March 2018 (16 HKO 33/17).
The consumer protection organization had issued a warning to GEERS because the company was using the phrase "Official Notification Documents" in its advertising mailings. As the District Court Kiel has determined, the warning was not justified. The mailing was stated to be neither misleading, nor did it disguise its nature as advertising.
The commercial nature of the mailing was held to be clear for an average reader and readily apparent in this specific case. GEERS was clearly designated as the sending party in the envelope window, the judges found. Language such as "official" ("offiziell") on the envelope was stated not to create the impression with an average consumer that this was a letter from a governmental office uses the word "amtlich" as another word for "official" in German. The consumer organization has not filed an appeal against this judgment.
GvW represented GEERS through the Düsseldorf partners Dr. Joachim Mulch and Dr. Christian Triebe (Hamburg, both IP). Dr. Mulch has acted on behalf of the company for many years, including in disputes under competition law, and has already obtained some fundamental judgments for the hearing aid manufacturer (more).
News

GvW Graf von Westphalen advised the transmission system operator 50Hertz on the award of a major contract for the North Sea Connector 2 offshore grid connection project. The project involves the planning, construction, installation and commissioning of a converter system comprising an offshore converter platform in the North Sea and an onshore converter station in Mecklenburg-Western Pomerania. The North Sea Connector 2 project is intended to connect offshore wind farms in the North Sea to the German electricity grid in future.

GvW Graf von Westphalen has advised Primepulse and Vsquared Ventures on the Series C financing round of NEURA Robotics GmbH. The transaction ranks among the largest venture financing rounds in the European startup ecosystem to date.

GvW Graf von Westphalen has advised Ethereal Space, Inc., a pioneering commercial space company, on space and satellite law matters and the establishment of its affiliate Ethereal Space GmbH.
Our Services

You don't want to miss any more of the latest legal developments? And be invited to our events? Then register here.
