BGH: Honest nuisance Nivea

BGH: Honest nuisance Nivea

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Honest bluff: BGH dismisses competition center in the dispute with Nivea
Mogel packaging can also be honest. This applies, for example, to cosmetic products if an image on the page reveals the true size of the content, as the Federal Court of Justice (BGH) in Karlsruhe decided in a judgment published on Friday, February 9, 2018 (file number: I ZR 78 / 16). He thus dismissed a complaint by the head office to combat unfair competition against Nivea manufacturer Beiersdorf.

In 2013 Beiersdorf AG sold its soy creams "Nivea Vital Complexion Optimal Anti-Age" in boxes seven centimeters high. These had a so-called platform below - a floor three centimeters higher. The crucible, which is only four centimeters high, was shown on the side with the note: "This product image corresponds to the original size".

The competition center nevertheless saw the box as a misleading "bogus package" and sued for injunctive relief.

The BGH now dismissed the lawsuit. In any case, consumers who are interested in the cream for the first time would not buy it "off the shelf". In the case of cosmetic products in particular, they would rather take a look at the sides of the packaging to find out about the ingredients, the fragrance and the like. However, they cannot miss the original-sized photo of the crucible.

There is also no deception about the 50 milliliter capacity. Consumers are used to different shapes and sizes of containers and packaging for cosmetic products. You would therefore not infer the size of the crucible or box from the amount of content, argued the BGH in its now published judgment of October 11, 2017. mwo

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