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Judgement MD2007:1


Layher AB v. Mon.Zon AB. – In marketing of system scaffolding (building scaffolding) a company has used an advertisement, described in more detail, in which among other things the requirements for parts of the company’s system scaffolding to be mixed with parts of a named competitor’s scaffolding are stated. The advertisement has not been considered to be so unclear or deceptive that it is misleading according with the Marketing Act. In the assessment, the target group the advertisement is directed has been taken into consideration. Furthermore, the Market Court has not considered it misleading that a parent company in its marketing has referred to type examination certificates even though the parent company’s subsidiary at the time of the questioned marketing was holder/supplier of the type examination certificates referred to.

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