OLG München: A company’s own logo must not give the impression of being a certified quality seal
The use in advertising of an organic logo designed by the company paying for the advertisements has the potential to mislead consumers and may be anticompetitive. That was the verdict of the Oberlandesgericht (OLG) München – the Higher Regional Court of Munich – in a ruling from December 9, 2021 (case ref.: 6 U 1973/21). Consumers are increasingly placing a premium on criteria such as sustainability and ecology, and hence are also attaching greater importance to quality seals that affirm these criteria. We at the commercial law firm MTR Rechtsanwälte note that this is the reason why approval for the use of certified seals is conditional on complying with certain requirements and standards. For example, a company logo which has been designed by the company in question must not give the impression of being a quality seal that was awarded by third parties. The OLG München recently determined that one such advertisement featuring an organic logo, which had been designed by the very compa...