*OLG Frankfurt: Explanatory Message Triggered by ‘Mouseover’-Function Not Sufficient To Clarify Misleading Ad

In connection with his reply to a post from one week ago ananalysing the Instant Preview function for ads on Google, Dr. Stephan Ott has pointed out a very interesting German decision by the OLG Frankfurt (OLG Frankfurt a.M. 23.2.2011, Az. 6 W 111/10) concerning the mouseover function. To see an example of the mouseover function, place your mouse cursor >>here<<. The court in Frankfurt am Main had to decide whether a by itself misleading ad (“We’ll beat any price“) could get sufficiently clarified by an explanation-message (“Should you find any German jewellery shop offering the same product for a lower price, you’ll get the same price minus 1%“) that only appeared once the user moved the mouse cursor (mouse over effect) over the ad. The court found the clarification to be irrelevant (“unerheblich“) as the users would only spot the clarification once they had already moved their mouse-cursor over the ad and it would rather happen by chance (“hängt eher vom Zufall ab“) that the users would actually spot the clarification-message. Legal analysis Other than the author which stated that the preview function could indeed decrease the chance of users being mislead about the origin of the goods and services advertised, Ott is of the opinion that the preview function for ads will only have little to no effect as the function is not switched on by default but has to be enabled first by the user ...Zum vollständigen Artikel

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