The appeal of the applicant will be amended by 26% of the 33th civil chamber of the Civil Court of Justice Courts of Cologne - 33 O 227/13 - and partially changed and followed as follows: The defendant is condemned to refrain from in the course of business for purposes of competition engine oils with the term "T 504 00, 507 00, 5W-30" as "fully synthetic" and let or, as this happens as shown below: (Image / graphic only in original decision). The costs of the legal dispute, including the appeal, carry the applicant to 20% and the defendant to 80%.
This judgment and said judgment of the land court in the society that has received by this judgment is preliminary in the forefront. The respective enforcement debt can turn off the enforcement by security power, if not the enforcement loan is made before the enforcement security. The amount of security is EUR 25,000, for the favorable engine, including the income to the enforcement belief in the amount of the amount to be enforced due to the judgments, for the enforcement belief. The revision is approved.
1 g of the n / a
(2) (instead of the facts and reasons of decision according to § 540 (1) ZPO)
3 I.
4 Both parties sell oil and lubricants. They argue whether the defendant may apply their motto oil "N T 504 00-507 00. SAE 5W30" as fully synthetically.
5 engine oils were conveniently won by mineral base oils (API [API [API [PEATROLEUM Institute] Groups I and II), with a motor oil consisting of about 75-80% of base oils and 20-25% of additives. Since the mid-1970s, engine oils have been made on the market, their base oil shares are not made of mineral oil, but simple basic compounds by polymerization and / or esterification (base oil on PAO [polyalphaolefine) base or dicarboxylic acid esters, API groups IV and V). Another group of the fundamental oils form the so-called hydrocracose oils (API Group III). Such a hydrocracose oil is based on the as a solid synthetic designated oil engineering oil.
6 The applicant has the view that the advertising of the defendant is misleading. The engine oil used by the defendant, the hydration-free-handed engine oil should not be applied as "full-synthetic", as traffic under "full-synthetic" does not understand oil from hydrocracking methods, but those with a basic oil, which are almost completely from PAO or dicarboxylic acid esters. The hydrocracking method does not provide a comparable homogeneous end product relative to base oils from PAO or dicarboxylic acid esters. The hydrocracose oils differ from those of PAO-based not only by shorter side chains of the ISO alkanes. While PAO is 100% of paraffins, this proportion is in the first time between HPDR and 77%. The production is also less costly than those of the API group IV / V. Traffic will be deceived by the application as "fully synthetic" on the operation and quality of the engine oil contested here. There were nothing changed to these relationships and the traffic understanding in recent years.
7 The applicant has requested to condemn the defendant to refrain from the fact that the business "oil-ethical," 50-95, 5W 30 "as a" south-synthetic "to apply and / or appropriate engine oils to be used, and unlike the engine, which is not actually a motor oil with a PAO content of at least 70%.