Dr. Rudolf Böckenholt discusses in GRUR-Prax the judgment of the Higher Regional Court of Frankfurt on exaggerated advertising to professionals

In issue 18/2021 of “GRUR-Prax – Gewerblicher Rechtsschutz und Urheberrecht / Praxis im Immaterialgüter- und Wettbewerbsrecht”, BOEHMERT & BOEHMERT partner and attorney at law Dr. Rudolf Böckenholt discusses a decision of the Higher Regional Court of Frankfurt am Main of June 7, 2021 (6 W 39/21, GRUR-RS 2021, 18190) regarding an advertisement directed at specialist circles with the eye-catching headline “Make your patients long-term happy!” for a psoriasis preparation.

The court found that the claim was not perceived as a statement of fact, but rather as an evaluative promotion that was not misleading in this context.

According to the diction of the claim and its positioning, it was a typical advertising exaggeration. If the factual core of the promotion is not untrue, it is not indirectly misleading to specialist circles, even in the case of health-related advertising.

The article in German by Dr. Böckenholt is available in the printed edition of GRUR-Prax 18/2021 of September 15, 2021 on page 541 or for registrated users of Beck-Online here.