The court agreed with the plaintiff by first stating that the use of pictures with the slogan "sold" on the defendant's website, constitutes a positive publicity for the defendant. Hence, such use is beneficial for the trader using the picture.
Further, the court stated, using such pictures is not a common practice in the sector of real estate brokerage and thus constitutes a misleading commercial practice towards consumers, as they will be induced to believe that it is the defendant who has sold the property.