In issue 1/2022 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 OLG Celle of 08.09.2021 (13 U 44/21, GRUR-RS 2021, 34492) on the mandatory indication of the full company name and
geographical address in advertisements.
The court held that the advertising entrepreneur may not omit essential information in an invitation to purchase in an advertisement solely because it considers other information to be more suitable for achieving its advertising purpose. Spatial restrictions of the means of communication are only to be assumed in the case of an invitation to purchase if it is objectively impossible to provide the essential information on the purchase. An invitation to purchase already exists in the case of information about the advertised product and the price, which is sufficient to enable a business decision to be made, without it actually having to be possible to purchase the product.
Dr. Böckenholt’s article in German is available in the printed edition of GRUR-Prax 1/2022 of January 12, 2022 on page 23 or for subscribers of Beck-Online here.