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

摘要

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.