Co-agreed customer protection clause is allowed despite ineffective rival clause – agreed penalty remains upheld

If the parties agree that the employee may not open or participate in a competing company one year after termination of the employment relationship, they shall also assume that the employee may not poach any customers of the employer during this period. This customer protection clause is “co-agreed”. The non-solicitation clause remains permissible even if the non-competition clause goes too far and is ineffective. In this case, the contractual penalty agreed for the competition activity can also be demanded in the case of poaching of customers.


The use of the registration notice ® for a mark that is not registered as a brand is unfair

The indication ® on a registered mark is aimed not only at competitors, but equally at the potential customers. If the ® is used for a non-registered trademark, this violates § 2 UWG. The ® suggests exclusivity and gives the impression that the user is the only authorized provider, thereby misleading the consumer into delving into the offer.