Posts tagged #misleading
All PostsOGH: All Flavour, No Fruit in Misleading Juice Ad
Competition LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that using flavouring in soft drinks is misleading if consumers would expect real fruit juice judging from the packaging. The defendants manufacture and market a sof...
OGH: Misleading Data Transmission Speed Adverts
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with an internet service provider advertising maximum data transmission speed that was, in reality, far from the actual speed. On the defendant’s website, t...
OGH on the misleading nature of a company name
Corporate LawIf companies are located in the same place or the same municipality, the distinctiveness as a question of the concrete capacity to mislead is not to be examined according to Section 18 para 2 of the Austrian Commercial Code (Unternehmensgesetzbuch, U...
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