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Journal of Intellectual Property Law & Practice Advance Access originally published online on September 18, 2008
Journal of Intellectual Property Law & Practice 2008 3(11):688-690; doi:10.1093/jiplp/jpn170
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

‘Cool Water’ and ‘Icy Cold’: comparative advertising for perfume imitations through the use of allusive product names

Birgit Clark
Rechtsassessorin

German Federal Supreme Court (Bundesgerichtshof) decision (I ZR 169/04) 6 December 2007

The Bundesgerichtshof has ruled that unlawful comparative advertising of one's own product as an imitation of a competitor's product requires more than a mere identification of the original product; the advertisement itself, when seen in isolation, has to clearly convey to the relevant consumer that the product is being advertised as an imitation of a competing product.

Correspondence: Email: bclark{at}web.de


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