Berlin Regional Court, 5 May 2011, Ref.: Ref. 91 O 35/11
In January 2011, we reported on the preliminary injunction proceedings brought by the East Frisian company Enercon against the German Atomic Forum before the Berlin Regional Court (Ref.: 16 O 560/10).
As part of its public relations work in favour of nuclear energy, the German Atomic Energy Forum had shown a photo of the Unterweser nuclear power plant in four advertisements, into which several wind turbines from the East Frisian company Enercon had been retouched by means of photomontage.
Above the photo was the sentence "Climate protectors among themselves - Unterweser nuclear power plant and wind energy: CO2 emissions = zero".
The company Enercon considered this installation to be a violation of competition law and filed an injunction against the image.
In these proceedings, the Berlin Regional Court had already ruled that the German Atomic Energy Forum was anti-competitively transferring the good reputation of wind energy to nuclear power through the advert.
This judgement has now been confirmed in the main proceedings with the above-mentioned ruling and it has been determined that the statements made in the advertisement by the Atomforum are inadmissibly misleading and damaging to the company's reputation.
Source: Berlin Regional Court
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