Verdict: Likelihood of Confusion in Shower Gels - In BAV Newsletter 03/2012

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Jun 14, 2017 - hygiene

Verdict: Likelihood of Confusion in Shower Gels - In BAV Newsletter 03/2012

In a recent ruling, the Bavarian Administrative Court confirmed the prohibition order issued by the authorities due to the risk of confusion against various shower gels on the market. In this case, the affected products were shower gels in milky bottles offered in the variants "Strawberry," "Chocolate," and "Cream Caramel." For example, the packaging advertises with fruit images. The products themselves have the appearance, color, smell, and consistency of a milkshake.

The judges found the risk of confusion with a food product to be evident, noting that dangerous poisoning could occur if ingested. Even though these products have been sold unchallenged in the EU for almost five years, the risk of confusion is foreseeable. It is to be expected that especially children, as well as people with limited perception, such as visually impaired, demented, or intoxicated individuals, could succumb to this danger. Therefore, it is irrelevant whether a warning notice is also attached to the bottles. Under German law, there is a prohibition against marketing products that can be confused with food.
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