Naturheilpraxen Abmahngefahr at center

BGH judgment: The term "center" suggests a special qualification

08/08/2012

Numerous naturopathic practices use the term „center“ in their name, for example, if several alternative practitioners form a practice association. Who, for example, his practice community as „Naturopathy Center“ should seek prompt legal advice. Because the Federal Court has recently dealt with the term and a corresponding verdict in matters of competition law.

The Federal Court of Justice (BGH) has specifically dealt with the question of misleading by the term "center" (file reference: I ZR 104/10). He had to clarify whether a change in the meaning of the term has taken place and that today still allows a conclusion on the special meaning of an institution.

In the present case, a clinic had sued another hospital because it had its own department in „Neurological / Vascular Center“ renamed. According to the applicants, that is an inaccurate advertising claim and thus anti-competitive. Because it would give the impression that the hospital department in size, importance and especially specialization other hospitals with „simple "neurological department.

The BGH granted the lawsuit. By using the name „Neurological / Vascular Center "would be patients „misleading in a significant way“. The name „center“ suggest one „incorrect idea about the special qualification of the clinic“.

Likewise, it can now also naturopathic practices go by a „competitors“ be warned or sued. For this reason, affected practices are recommended to seek legal advice in order to avoid pleasant complaints in advance. (Sb)