Bird & Bird LLP successfully represented Fashion ID GmbH & Co. KG in an advertising law case concerning the use of the term "vegan down" to advertise clothing.
The Association of the German Down and Feather Industry (Verband der deutschen Daunen- und Federnindustrie e.V.) tried to prevent Fashion ID from using the term "vegan down" online at peek-cloppenburg.de. The claim was based on alleged misleading of consumers, as the term "vegan" in connection with "down" was contradictory and therefore misleading. The Düsseldorf Regional Court ruled in favour of Fashion ID (Case No. 34 O 11/21): The term "vegan down" is not misleading. According to the judgement, "vegan down" is "in the context of clothing and in the statement 'quilted jacket with vegan down' [...] undoubtedly understandable as a purely synthetic filling material of an item of clothing". The association initially filed an appeal but withdrew it after the OLG Düsseldorf pointed out that the appeal had no chance of success (Case No. I-20 U 118/21).
These decisions in favour of the retailer Fashion ID are a clear and positive signal for new trends: It is important and in the interest of consumers to be allowed to advertise new and alternative raw materials by naming the materials that are to be replaced.
The legal department of Peek & Cloppenburg KG Düsseldorf acted for Fashion ID: Dr. Holger Kleinhenz (Head of Legal), Andrea May, LL.M. (Senior Manager).
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