NEWS

Misleading advertising with “climate neutral”

OLG Düsseldorf of 06.07.2023 – 20 U 152/22 also tastes good for the climate

 Contents

Information obligations for advertising with the term "climate neutral"

A confectionery manufacturer had printed on its product packaging since 2021 xxx produces all products climate neutral” and the certificate “climate neutral product ClimatePartner.com”. The plaintiff was of the opinion that this advertising was misleading, as consumers understand the information as an indication of an emission-free manufacturing process.

CO2 balance

The claim was dismissed as the court was of the opinion that the term “climate neutral” is not necessarily understood in the sense of an emission-free manufacturing process, but in the sense of a balanced carbon footprint.. If a company takes measures to avoid CO2 or (also) carries out offsetting measures, advertising with “climate neutral” can be considered.

Climate neutral with certificates

However, consumers do not assume that the company achieves climate neutrality solely by purchasing emissions certificates or through third-party offsetting measures. From the consumer’s point of view, companies that do not implement effective measures to reduce emissions themselves are suspected of “greenwashing”. Consumers must therefore be informed about the exact way in which climate neutrality is achieved.

Accessible information

The additional information must be provided in the advert itself or in the immediate vicinity of the advert; a statement “Climate neutrality is also achieved through offsetting”, combined with a QR code or an easily accessible website on the product, may be sufficient to provide the required information. The information provided must be easily accessible and understandable.

At the point

This judgment clarifies the advertiser’s duty to inform consumers. Anyone advertising with the term “climate neutral” must explain why the product is labeled as “climate neutral”, either due to their own savings measures or (only) through offsetting. Jurisdiction regarding the “climate neutral” is not finalized. It is still unclear whether advertising with “climate neutral” is permissible if the company does not make any own efforts to reduce its CO2 emissions.

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Trademark Law

There is a likelihood of association between the figurative mark “Greenlyst” and the word mark “LYST”

The sign “Lyst” was copied identically in the trademark “Greenlyst”. This is not automatically sufficient to confirm a likelihood of confusion. In the present case “Lyst” could suceed against “Greenlyst”.
Trademark Law

The Independent characteristic position of the Opposition Mark “COCO” in the challenged trademark “HiCoco”

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Karin Simon
Lawyer
Certified IP Lawyer

Susanne Graeser
Lawyer
Certified IP Lawyer

Uhlandstr. 2
80336 Munich
Germany

Phone +49 89 90 42 27 51-0
Fax +49 89 90 42 27 51-9

Karin Simon
Rechtsanwältin

Fachanwältin für
gewerblichen Rechtsschutz

Susanne Graeser
Rechtsanwältin

Fachanwältin für
gewerblichen Rechtsschutz

Uhlandstr. 2
D-80336 München

Tel. +49 89 90 42 27 51-0
Fax +49 89 90 42 27 51-9