Cologne, NRW -- (SBWIRE) -- 08/07/2013 -- GRP Rainer Attorneys and Tax Accountants in Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg and Stuttgart http://www.grprainer.com explain: In its judgment from February 19, 2013 (file ref. no.:) I – 20 U 55/12), the Higher Regional Court (OLG) Düsseldorf decided that an advertisement not addressed to professionals could potentially be misleading if a company advertises with customer ratings and a review board which does not provide links to all listed customer reviews. Falsification could also be construed if reviews and ratings would be audited for illegal content and possibly even deleted entirely.

The defendant company had been appropriated with advertising customer reviews which were submitted to a review board. However, only positive reviews with four or five stars were published immediately on the review board. Other reviews were only published at a later point in time to the review board and then only if the initiation of a conciliation procedure was waived by the company which was rated.

The Court took into consideration that such a rating system can prevent the equal consideration of negative reviews and therefore a distorted, positive image of the company would be presented. The collection of customer reviews should lead to the expectation of consumers that such collections were neutral and not improved for the benefit of the provider. Such expectations will not be fulfilled by the above rating system.

Advertising serves as a key means by which to purposefully manage customer influence and perception. By no means, however, does advertising exist in a legal vacuum. Companies must adhere to regulations when setting up advertising structures. Therefore, for example, no coercive actions may be exercised in advertising nor may the unawareness of customers be exploited. Bait advertising as well as false statements of fact are also prohibited. This is unfair advertising which negatively affects the competitors of the company within the framework of economic competition. It is possible for competitors to first proceed by means of a warning against these companies according to the Law against Unfair Competition (UWG). In a further step, even a temporary injunction could be possible.

Legal advice and consultation should be sought in order to avoid litigation, ideally even before the publication of the advertisement. An attorney with expertise in intellectual property can help company entrepreneurs develop marketing and advertising strategies in relation to competition law.

About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
http://www.grprainer.com/en/Intellectual-Property-Law.html