Bird & Bird achieves victory for Fashion ID in “vegan down” case

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. 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. Advertising for sustainable products (so-called green advertising) has increased significantly in the recent past and is now also increasingly being dealt with by the German courts. The team at Bird & Bird has already advised well-known companies in this area, including DAX-listed companies and international food and luxury food manufacturers. This has involved both general green advertising in relation to the company as a whole, as well as the marketing of specific sustainable products. In general, the legal advice in this context includes compliance with advertising standards for green advertising as well as the creation of fair competitive conditions for new and sustainable products through the legal prosecution of unfounded advertising claims by competitors.

Fashion ID was advised by Counsel Constantin Eikel and partner Uwe Lüken.