Unbroken high advertising frequency

Advertising Market According to Mediafocus, October confirmed the trend of the record-breaking advertising year of 2006 with a 7.9 percent increase.

   Advertising market I According to Mediafocus, October confirmed the trend of the record advertising year 06 with an increase of 7.9%. TV advertising (+23.8%) and the daily press (+20%) benefited the most. Teletext (-33.4%), cinema (-26.4%) and consumer magazines (-14.7%) remained well down on the previous year. The markets of vehicles and finance (each over +20%), personal care/cosmetics (over +28 %), energy (around +50%) and cleaning (over 96 %) made significant gains. Clothing (-24%) and tobacco products (-67%) were weaker. Retail, consumer goods and automotive dominated the top 30 advertising clients.electronic in the plus advertising market II
The electronic media had a golden October. As the Goldbach Electronic Media Index (GEMI) shows, advertising investment in the electronic media led to an increase of 10 points to 342 points. Electronic media thus clearly grew disproportionately, as all media together only showed an increase of 2 points from 173 to 175 points. Television proved to be the absolute winner among the electronic media. It gained 7 index points to 344 points, closely followed in terms of growth rate by the new advertising medium Adscreen, which grew by 6 index points to 214 points.
Advertising investment in the Internet medium also increased - by 4 points to a final level of 236 points. Teletext again suffered a decline in investment, losing 4 points as in the previous month to close at 140 points.

Allianz Swissness International

The agencies Kurt Schmid and Peter Leutenegger have merged Lowe Switzerland and FCB Leutenegger Krüll under the DRAFTFCB umbrella.

Agencies Kurt Schmid and Peter Leutenegger have united Lowe Switzerland and FCB Leutenegger Krüll under the umbrella of DRAFTFCB.WW: The last few months had to bring new perspectives for Lowe Switzerland. Why did the management buyout not happen? Kurt Schmid: The opportunity was there. But I came to the conclusion that it was a better idea to enter into this alliance with Peter Leutenegger. With the MBO, we would have remained a traditional agency. But my aim was to become more diverse. What's more, Peter and I get on very well. We realized this when he was president of BSW before me and I was vice president at the same time. WW: What does this alliance mean? Schmid: You have to imagine it like an airline. You share certain services. The important thing for us is that everyone can continue to maintain their strengths. It is also important for customers that they have the same contacts. I am responsible for strategy in the Services division. Peter Leutenegger is responsible for overarching management tasks and finances. Leutenegger: Advertising will change even more drastically. It is moving more and more from traditional advertising to other areas. You need a certain size and resources within an agency to be able to keep up. If we do this together with Lowe, we have more opportunities.WW: The Leutenegger name has disappeared. Leutenegger: That wasn't a difficult decision. With your own name, you are seen as a very local agency, you "go to Leutenegger". If you remove private names, you are no longer dependent on individuals, but become a team. That was right for me.WW: Lowe, on the other hand, is staying. Schmid: I still have very close ties with Lowe. We have a very large client that we will soon be able to announce, where there is close cooperation between Lowe New York, London and Zurich. This networking is a given, and it is still the condition that I can keep the name. Lowe has achieved the turnaround, internationally - and clearly intends to retain the Lowe brand as a top creative agency in this IPG network.Leutenegger: I am also very happy that Keith Loell, Lowe's CD, is involved. He and Lowe bring an international component to our Swiss agency.WW: Lowe is moving to Wallisellen. Is there enough space there? Leutenegger: We have room for 100 people at the Mühle. We already have Initiative Media there, which also belongs to the same group. Personally, I would have liked to come to the city. But that would have been more expensive. WW: DRAFTFCB brings two alpha animals as equal partners. Is that possible? Schmid: There's the phrase "Leave the ego at the door". It's about the cause. We both see the point of this alliance and want it to work. We have different interests and strengths that we can use to our advantage. Leutenegger: Alliances in IT or art buying have been around for a long time. Our alliance now goes even further with shared finances and a shared location. We want to be a new generation of agencies. The form of the alliance is completely new. Airlines can no longer do without it. This could also be groundbreaking in terms of how agencies work together in the future.WW: Will there also be a joint CD? Leutenegger: At the moment that is the case, due to the departure of Mike Krüll. But we also have Patrick Lienert and will now see who exactly does what. The plan is to have a partially joint creation, and there will be separate heads representing the agencies.WW: Why has Mike Krüll left? Leutenegger: The agency, which was previously local, will come more under the influence of the network. Mike didn't want that. But we've worked together for 15 fantastic years and we're not going to part on bad terms. But sometimes there are developments: Andreas Panzeri

Great cinema in 60 seconds

Blumen Walker has shot a «cinematic» commercial for Fleurop with Oscar winner Anthony Minghella.

Blumen Walker shot a "cinematic" commercial for Fleurop with Oscar winner Anthony Minghella. "The English Patient" by Anthony Minghella won nine Oscars, including Best Picture and Best Director. With "Cold Mountain" there were seven nominations as well as a win for Renée Zellweger as Best Supporting Actress. The English director, who also worked with international stars such as Matt Damon and Gwyneth Paltrow in "The Talented Mr. Ripley", does not consider himself a star at all when a small advertising agency from Switzerland contacts him with a small film idea. "We simply sent Anthony Minghella the script. He liked the idea. He agreed without asking for an Oscar-worthy fee," reveals Pius Walker.A commercial that triggers tearsThe result is a commercial that contains so much cinematic art that Cinecom has allowed this "commercial" not to be shown in the pre-show in the still-lit cinema room for the first time. The new Fleurop spot is only shown in the block of trailers in the darkened auditorium.
This is not only better for the movie, but also for the viewers. In the new commercial for Fleurop, there may well be a few tears. In 60 seconds, the touching story is told of how an elderly woman unexpectedly receives a bouquet of flowers from her deceased husband on their wedding day.
The likeable main character is reminded of her past in a romantic cemetery. While she sinks into dreamy thoughts in front of her former husband's grave, a messenger unexpectedly appears with a bouquet of flowers between the old gravestones. Accompanied by soft music by Gabriel Yared, an enclosed card is read aloud off-screen. "I knew I would meet you here again today ..." Because the woman has been visiting her husband's grave on their wedding day every year for twelve years.
To this message from a "supernatural" world, the camera slowly floats towards the sky, past the perfectly draped wings of a stone angel in the cemetery. In the German version, Matthias Gnädinger lends his voice to the deceased. In an English version, Anthony Minghella wanted to speak himself.
Advisors Hans Beer and Pius Walker from the Walker agency believe that their film will not go down badly with the movie-going public despite the theme of death. The older lady will also arouse the right emotions in a young movie audience. After all, actress Anna Massey has already worked with old master Hitchcock in "Frenzy" and in 120 other major films.
The Zurich agency Walker has already set a high standard and won several awards with its Fleurop films for Mother's Day and the previous commercials for Powerflame. So it will be interesting to see what happens now with the latest work on an international level.
Andreas Panzeri

Last but not least: Consumption is the best advertising

However, it has always been necessary to find ways and means to give the products a market and interested buyers. Advertising and sponsoring are common ways to do this, but they are not the only ones. After all, why go out of your way to attract attention when you can have the specific consumer right away?


However, it has always been necessary to find ways and means to give the products a market and interested buyers. Advertising and sponsoring are common ways to do this, but they are not the only ones. After all, why go out of your way to attract attention when you can target a specific consumer right away? The retailer Denner, which claims to be the number two in the Swiss wine trade, is showing how it's done and is currently celebrating the opening of a wine bar in Zurich's Seefeld. Further wine bars are planned in the largest Swiss cities if the concept is successful. This seems almost programmed, however, since with pure facts any advertising skepticism is dispelled. The shelves are stocked with 200 different wines to discover. In addition, one can also get sparkling wines, soft drinks and suitable meals and appetizers. Just like the flood of wine, the pleasant atmosphere should speak for itself. And facilitate the people the entrance to the topic wine. With entrance naturally acquisition is meant. Sober facts and the truth that lies in wine are good, highly effective forms of advertising, finds Werbewoche.

Automate PDF creation

Workflow: With Callas Software's pdfAutomator, you can create incoming and outgoing hot folders for automated PDF processing.

Workflow pdfAutomator from Callas Software can be used to create input and output hotfolders for automated PDF processing, control several hotfolders in parallel and process the PDF documents they contain. The pdfAutomator also allows several automation routines to run simultaneously. It does not matter whether only one CLI tool (control via command lines) is addressed or all three.

Jürg Thomann leaves Metzgerlehner and starts at Isobar 

In January 2007, Jürg Thomann will take on the role of Head of Isobar Switzerland, the new digital marketing unit established by Aegis Media. His task will be to build up the Swiss unit of the global network.

In January 2007, Jürg Thomann will start as Head of Isobar Switzerland, the new digital marketing unit established by Aegis Media. His task will be to build up the Swiss unit of the global network and lead it to success, according to a press release. 36-year-old Thomann held various management positions at the full-service advertising agency Metzgerlehner Worldwide prior to his move. Thomann has also been familiar with online advertising since its early beginnings: Among other things, he worked for Microsoft in the 1990s. He then founded and managed Fametrain Switzerland, Metzgerlehner's digital marketing unit. In addition to Isobar, the Aegis Media network also includes Carat and Vizeum.

Artists as brand makers?

Column: Traditionally, art has sought to ignore commercial interests. Recent success stories, however, increasingly point to the opposite, writes Jürgen Häusler.

Column Traditionally, art has wanted to ignore commerce. More recent success stories, however, are increasingly pointing in the opposite direction: The devil wears Prada. Since clothes make the man, we will associate the devil with the Prada brand in future. And Jesus with Birkenstocks... It is still debatable whether we are dealing with a connection between brands and art. Even a cursory glance through the literary world of the last century reveals the increasing importance of brands. In the everyday life of the Buddenbrocks, brands are still absent. In the works of contemporary authors such as T. C. Boyle, Jonathan Franzen, Judith Hermann or Ian McEwan, on the other hand, they play a natural role in the description of situations and the identification of characters.
Of course, the greater presence of brands in the field of art and culture is initially simply a reflection of their general increase in importance. Initially, brands marked products, then companies. These days, everything and everyone wants to become a brand: The place, the region, the charitable institution, ultimately the person. The modern star also wants to be a brand. Harald Schmidt uses the term "brand" "because it sounds so much like a media professional".
In recent years, cultural offerings and institutions have also increasingly sought to become brands. The subliminal change in the relationship between brand and art that accompanies this development is remarkable and significant. In principle, this relationship is full of contradictions. Where the brand must be clear, homogeneous, stable, sympathetic and empathetic, art is characterized by irritation, shock, discomfort and incomprehension. Where brands have to send unambiguous messages with a clear intention, great art gains its utopian potential through its "enigmatic character" (Theodor W. Adorno).
Traditionally, art would prefer to ignore the commercial, or at best critically accompany it. Art rarely and usually hesitantly addresses the fact that it always has to satisfy the conditions of the commercial. The marketing of art is therefore always accompanied by a good deal of skepticism. Professional branding is still the exception rather than the rule among creative artists. Nevertheless, interest has recently been immense and success stories are piling up. Michael Haefliger and his Lucerne Festival are one such success story.
And in the other direction? Companies have always supported art. As patrons with noble intentions. As sponsors with very specific intentions and a clear interest. And very modern in product placement for blatant sales promotion.
As the culmination of the convergence of the two spheres, the time now seems to have come for brands to suddenly become the subject of art. As a prophet of this union, Andy Warhol has ennobled brands. When next year marks the twentieth anniversary of his death and the eightieth anniversary of his birth the year after next, this discussion will surely flare up again and more intensely. And perhaps we will see new and exciting artistic stagings of the brand as an important institution in modern societies.
Jürgen Häusler is CEO of Interbrand, Zintzmeyer and Lux and an honorary professor at the University of Leipzig.

The human commodity

Mensch AY&R addresses the issue of inhumanity on behalf of «Brot für alle» (BFA/Fo), the development service of the Protestant Churches of Switzerland.

Mensch AY&R thematizes inhumanity for the development service of the Protestant Churches of Switzerland "Bread for All" (BFA/Fo). Posters show maltreated dolls in packaging. The copywriters took the theme to extremes with inscriptions on the packaging such as "Work until you drop", "Work without pay", "Can be dismissed at any time" or "Don't resist". The headline makes the Bfa/Fo's stance unmistakably clear: "People are not commodities." The campaign was launched at the beginning of October as part of the project work in the parishes with posters, postcards and advertisements in weekly titles and in the campaign magazine. Further advertisements will follow during Lent in March 2007.

Print & Cut takes off

Large-Format Printing: Christinger Partner is expanding its industrial flatbed printing operations and standardizing production.

Large-format printing Christinger Partner expands industrial flatbed printing and standardizes production Success is a proven recipe for growth. Last but not least, successful business management makes it possible to make new investments in order to perhaps be even more successful overall. Christinger Partner (Christinger) in Schlieren is also pursuing this approach - with success. The company recently announced the expansion of its activities in digital flatbed printing and new capacities at its headquarters in Schlieren. Christinger entered the field of digital flatbed printing a good two years ago and has successfully combined this with downstream die cutting. Since then, the company has called this complementary service "Print & Cut".
Spoiled by the effect of this concept, the large format specialist has now tripled its capacity. This leap was made possible by investing in a high-performance printing system called the Virtu RS 25 from Swiss manufacturer Spühl (see below). The large-format printer replaces the Zünd printer installed at Christinger two years ago, which is now being used at another company in the group.
Expanded possibilities for new marketsThe company sees the new Print & Cut solution not only as an application limited to pure printing and shape cutting. Using CAD support, individual parts can also be cut on the Zünd cutter, which can then be assembled into three-dimensional objects, for example. There are obviously no limits to the imagination here. For example, the company produced a lectern for the event and handed over an airplane kit made on site for crafting. Both were printed with the new flatbed printer, cut to shape and designed for assembly.
"We have to be faster," explained Karlheinz Kaiser, co-owner and CEO of the company, "as well as more creative and flexible in order to be able to hold our own against competitors, including those from abroad." Although the new printing system is a flatbed printer, it can also be used to print on roll materials, making it suitable for a variety of applications.
Toni Fricker, also co-owner and Key Account Manager at Christinger, sees the flexibility of direct printing as a further advantage of the Print & Cut solution: "We can print on different materials, don't have to apply foils and can also make a name for ourselves in contour cutting with our overall solution." Spühl's printing system can even (pre-)print white, which is particularly advantageous for transparent materials such as glass or Plexiglas. Fricker sees the printing of lightweight panels as a further advantage, making the Print & Cut concept ideal for a wide range of applications. Thanks to a new cutting blade that enables a 45-degree cut, these materials can be cut in such a way that the edges of the three-dimensional objects are cleanly finished and the white carrier material is not visible.
"Our customers are increasingly demanding 'green materials' that can be easily disposed of after use," Fricker said. He cited the recent poster campaign by telecommunications provider Orange as an example. At various locations, two adjacent poster sites were each upgraded with weatherproof elements produced using the Print & Cut process.
New with ISO certificate Christinger was the first digital print shop in Switzerland to be certified to ISO 12647-2 in mid-October this year. This standard takes into account the fact that data preparation for print jobs is subject to special requirements. These requirements are described in the "ProcessStandard Offset Printing" or "MediaStandard Printing". The certification at Christinger was supervised and carried out by Ugra, which sees itself as a "Swiss competence center for media and printing technology". Erwin Widmer, who has managed Ugra since it became independent at the beginning of 2005, and his team carried out the necessary audits with sales staff, office staff and prepress employees, which all had to be passed in order to receive the certificate.
After the prepress company Burki & Scherer and the print shops Unigena and Egger, Christinger Partner is the fourth company and also the first digital print shop in Switzerland to be certified to ISO 12647-2. Clients today often do not know what (print) quality they can expect from the data they receive. Standards such as ISO-12647-2 provide clarity here, Christinger was told.
The company has also been certified for PDF/X data transfer since the beginning of the year. The PDFX-ready label indicates to customers that PDF documents are processed in accordance with the PDF/X-3 rules. Ugra is also the testing authority and issuer of the PDFX-ready certificates.
Certified layout is still missing: For this creative part, Erwin Widmer was told, there are no norms or standards yet...   
Christinger Partner AG The company, which operates in the field of signage and advertising technology, employs 70 people at its headquarters in Schlieren. The company, which was taken over by Toni Fricker and Karlheinz Kaiser as part of a management buyout from Emil Christinger, generates sales of around CHF 17 million with 11 digital printing systems. Spühl AGSprings for mattresses and upholstered furniture
are the main area of activity of Spühl, which is based in Wittenbach SG and has become the world market leader in this field. The company, which employs around 250 people, is now part of the US group Leggett&Platt. But there is another beating heart: the SME is particularly innovative when it comes to manufacturing machines and passes on its expertise. In order to print mattress materials, the company looked around for printing systems and quickly developed one itself. However, as this market could not be developed with this system, Spühl now focuses on other industries and offers its digital flatbed printing systems. Today, Spühl sells the Virtu RS25 and Virtu RS35 flatbed printers, which differ in terms of print width: 2.5 m for the Virtu RS25 and 3.5 m for the RS35. 
www.spuehl.ch
ISO 12647-2The standard defined by the ISO
ISO 12647-2 takes into account the fact that data preparation for print jobs is subject to special requirements and describes these in the standard also known as process standard offset printing or media standard printing. The aim of process standard offset printing is the industrial and standardized production of printed matter. ISO 12647-2 is an international standard that is becoming increasingly important. It requires the use of control devices (wedges) from proof to print and the associated use of appropriate measuring devices (spectrophotometers). The application of color management including the use of standard profiles and the calibration of imagesetters are just as much a part of this as the consideration of dot gain of the printing presses. 
Jürgen Franck

NOSE becomes SWISS's new brand and design agency

As part of SWISS’s repositioning as a Swiss airline where guests feel at home, the airline has partnered with the agency NOSE for corporate design and corporate identity.

As part of SWISS's repositioning as a Swiss airline where guests feel at home, the airline has secured the services of the NOSE agency as its partner for corporate design and corporate identity. NOSE came out on top after competing with four major design and branding agencies. In choosing NOSE, SWISS placed particular emphasis on the comprehensive local support provided by a partner rooted in the Swiss design tradition and with international experience. With its repositioning, Swiss is now returning to its roots as a Swiss airline. "The desired repositioning of SWISS as a Swiss airline that makes guests feel at home can already be seen in the new advertising campaign by Jung von Matt," Günter Bader, Head of Consulting at NOSE, told Werbewoche. "We have already provided advice on corporate identity for the entire new campaign." The result shows that it is not a question of redeveloping the corporate identity (for the Jung von Matt commercial, see
Swissness gives you wings
). On the contrary. Existing elements are to be retained, but reinterpreted. The tasks for NOSE now involve redesigning all media. The spectrum is broad, with almost all NOSE units involved in the multifaceted project.  
"It's about the entire SWISS customer experience chain," Bader continues. "From the ticket counter and check-in to the baggage tag and the new SWISS lounge in Geneva, the new positioning should be visible and tangible." The first results will be seen above the line and at the airports from early 2007.Kathrin Fischer

The bz moves to Basel

High Circulation: A New Round of Competition in the Basel Region: The Basellandschaftliche Zeitung is now making inroads into BaZ territory—with a more affordable subscription.

Large print runs A new round of fighting in the Basel region: The Basellandschaftliche Zeitung is now also making inroads into BaZ territory - with a cheaper subscription.At Hülftenschanz near Frenkendorf BL in 1833, troops from Basel's rural communities inflicted a bitter defeat on the city of Basel, thus sealing the division of the region into two half-cantons. It is no coincidence that this historic site also formed a kind of demarcation line between the Basler Zeitung (BaZ) and the Basellandschaftliche Zeitung (bz): To the west of the Schanz begins the district of Arlesheim, where the BaZ has its highest distribution density at 38 percent. On the other side are the districts that are fully covered by the bz with its Wednesday large print run. bz had to expect a reaction from the BaZ when it launched its own Friday large print run (90,000 copies) for the bz area in September 2006 and thus crossed the symbolic border. This will now take place on December 6: the bz is entering the Arlesheim district, i.e. BaZ's home territory, with its large print run, but initially only in the municipalities of Reinach, Arlesheim and Aesch (around 30 percent of all households in the district). "We have so far spared the agglomeration close to the city, but now we have no more inhibitions," says bz publisher Mathis Lüdin.
However, in order for the bz to cover the three highly populated municipalities, a major effort is required. Firstly, the Liestal paper has to increase its large print run by 9,000 to 90,000 copies, which is not enough. Because its own printing plant is no longer able to cope, the bz is forced to give up its large circulation in the Schwarzbubenland region of Solothurn and distribute the freed-up copies in the BaZ home region. Despite the 10 percent increase in large circulation, the previous advertising rate will be maintained, Lüdin emphasizes.
Lüdin has even more arrows in his quiver: as BaZ had terminated the joint job market at the end of November, from next week the bz will include the job supplement of the MittellandZeitung (MZ) association, entitled Stellenmarkt Nordwestschweiz. In addition, the bz is part of the new print and online classifieds market "a-z" launched by the MZ.
In general, Lüdin seems quite confident. Probably also because only around 10 instead of the expected 200 subscription cancellations have been received since the bz connection to the MZ. In addition, the bz has gained 120 new subscribers and 500 trial subscriptions, says Lüdin. But he knows that the moment of truth is only now beginning, in the general subscription renewal phase. He also has a trump card for this: despite the MZ cover, the bz subscription still costs CHF 318, CHF 30 less than that of the BaZ. What's more, after the resignation of Ivo Bachmann, the latter is absorbed with the search for a new editor-in-chief.
Markus Knöpfli

The tartar of the wise

Pharma The Federal Supreme Court confirms the previous case law in the Denner-Colgate/Dentagard decision.

Pharmaceuticals The Federal Supreme Court confirms the previous case law in the Denner-Colgate/Dentagard decision The discounter Denner sells Colgate Dentagard toothpaste with natural herbs in Switzerland. As Denner does not obtain the toothpaste from Colgate's branch in Switzerland, but as a parallel import directly from Germany, the tube does not bear the labeling adapted for Switzerland, but the version for Germany. In particular, the tube is labeled "dentally preventive", supplemented by the symbol of medicine, the Aesculapian snake. Victory against the Zurich cantonal laboratoryThe Zurich cantonal laboratory wanted to prohibit Denner from selling the toothpaste with the above-mentioned reference and image. Denner appealed to the Federal Supreme Court against a corresponding injunction and an identical ruling by the Health Directorate and the Administrative Court of the Canton of Zurich, with success.
"Cassis de Dijon principle" not confirmedWith his appeal to Switzerland's highest court, Denner actually wanted to enforce the so-called "Cassis de Dijon principle", which applies within the EU, in the relationship between Switzerland and the EU. Among other things, the principle states that products that are declared in accordance with the regulations of the country of origin can be approved in the country of destination without further ado. The re-declaration of products for the Swiss market is one of the biggest barriers to trade and leads to an increase in the price of imported goods.
However, in the specific case of Denner-Colgate/Dentagard, the Federal Supreme Court has now determined that the labeling of the toothpaste also complies with the provisions of Swiss law and has therefore not assessed and thus not confirmed the application of the "Cassis de Dijon principle" between Switzerland and the EU.
Advertising with "medicinal effect "In accordance with Art. 31 of the Foodstuffs and Utility Articles Ordinance (LGV, SR 817.02,
However, in the case of dental and oral care products, references to "caries-preventing properties" are permitted. However, references to "caries-preventing properties" are permitted for dental and oral care products. What is permitted and what is prohibited? The Federal Supreme Court has repeatedly ruled on the advertising of "healing effects" of food and consumer goods (including cosmetics) and has now confirmed these statements in the Denner-Colgate/Dentagard decision. It is clear from this supreme court ruling that the use of claims referring to a preventive or curative effect with regard to a human disease is prohibited. The concept of illness is not interpreted too restrictively in the case of claims and in connection with advertising messages. Illness is understood to mean health disorders that go beyond a state of merely limited well-being. However, the aforementioned regulations do not prohibit health-related advertising, provided it is based on reasonable facts and does not mislead the public.
This means that advertising may, for example, state that regular milk consumption is good for health because it provides the body with a natural supply of calcium, which appears to be beneficial for bone structure. On the other hand, it is inadmissible to state that the calcium in milk "helps to prevent bone fragility in old age, known as osteoporosis".
In particular, the Federal Court found the following advertising claims to be incompatible with the LGV and therefore inadmissible: "archenemy of the cold virus", "slimming cream", "tissue tightening balm", "cellulite system treatment", "stimulates microcirculation", "supports fat reduction as well as drainage and tightening of connective tissue", "Clinique Water Therapy" with regard to the use of the term "Therapy", "for itchy skin prone to allergies", "for the care of neurodermatitis, psoriasis, diabetes, psoriasis". Borderline cases are the indications "beneficial for colds" and "beneficial for sore muscles".
Decision in the Denner-Colgate/Dentagard caseIn the Denner-Colgate/Dentagard case, the Federal Supreme Court considers the reference to "dental prevention" to be compatible with the exception for dental and oral care products mentioned in Art. 31 LGV. According to this provision, references to "caries-preventing properties" are permitted. The reference "dentally preventive" goes somewhat further. However, there is a great public interest in dental prophylaxis. In addition, it is a generous application in the sense of the recent revision of the LGV, which is also based on the corresponding EU provisions.
Finally, in the Denner-Colgate/Dentagard case, the Federal Supreme Court does not consider consumers to have been misled by the image of the Aesculap snake. The illustration had a connection to medicine, which was not objected to in the present case. Moreover, in view of its placement alongside the other references and its dimensions, no further independent (unauthorized) significance could be attributed to the image.
Ueli Grüter
Ueli Grüter, LL.M., is an attorney at law in Zurich and Lucerne (
and lecturer in communications law at the University of Applied Sciences of Central Switzerland ().Federal Supreme Court decision 2A.213/2006 of 19.10.2006, to be found at
, heading "further judgments from 2000")
Further information on this topic can be found at
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