rubber duck, you're mine You belong to me alone ... Ernie from Sesame Street is probably the most famous rubber ducks fan. And as he usually took with him into the bathtub, we might think, his duck is thought to increase the cleanliness and hygiene, therefore, an article.
Leda might think there quite different: Equipped with a vibrating motor could duck the fact fall into the category erotic toys. And painted in colors of the football league clubs it served as many a fan of corresponding merchandise.
Why is this competitive relevance, explains a press release the Oberlandesgericht Koblenz:
"memorabilia, adult toys or toiletries
Where is the future of Duck
Special rubber ducks? sold as Fanartikel or erotic toys, contact the consumer can not be regarded as necessarily hygiene This was decided by the 9th Civil Division of the state court in a recent antitrust complaint procedures (Decision of 9 February 2011, Case No.: 9 W 680/10)..
The applicant sold through an online store exclusively rubber ducks of various kinds also provided the defendant at the material time, the Internet, among other items rubber ducks, of which stained some in the team colors of the Football League clubs and others have been equipped with a vibrator . The defendant entered into their online store the revocation and return with toiletries by pointing out: was "Please note that (...) unsealed hygiene items are excluded from return."
Applicants believe also that of the defendant offered rubber ducks are hygiene products, should not be excluded from the return. Therefore is the formulation of the exclusion on the homepage of the Appellee anticompetitive and should be banned. This request had the district court of Trier in the first Instance rejected.
The 9th Civil Division of the Higher Regional Court of Koblenz has now decided that in this case no importance whether unsealed sanitary products should be exempted from the general right of withdrawal or not.
because the applicant had not presented sufficient evidence that the products sold by the defendant rubber ducks are in the understanding of consumers really be regarded as hygiene items. The concept of hygiene, then the Senate covers, according to the known definitions focus on health care, health care and body cleanliness. Rubber ducks in the team colors of the Bundesliga clubs are not as sanitary products, but rather to be regarded as merchandise. Duck with a vibrator applies rather than erotic toys. . A competition infringement by the defendant could not be found "
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