A court in Cologne has banned two German companies from advertising their chocolate products as “Dubai chocolate” if they do not come from Dubai.
According to the German media, the judges decided in two accelerated proceedings that the words “Dubai chocolate” mislead consumers.
Medi First GmbH with its Miskets Dubai Chocolate and KC Trading UG, which sells the Elit – The Taste of Dubai chocolate bar, were affected. If the ban is violated, the directors face a sentence of up to six months in prison or a fine of up to 250,000 euros, reports Fenix magazine.
The judges justified their decision by saying that the average consumer would conclude from the name of the product that the chocolate was produced in Dubai. English language descriptions and advertising statements such as “Taste of Dubai” or “a touch of Dubai” also reinforced this impression. A small note “Origin: Türkiye” on the back of the package is not enough to correct this wrong information.
The lawsuit was initiated by MBG International Premium Brands GmbH from Paderborn, which is the exclusive importer of Habibi bars from Dubai to Germany. The company relies on trademark law that prohibits the use of geographical indications if the products do not originate from the specified region.
The rulings could have far-reaching consequences for the market. Since the beginning of the Dubai chocolate trend, numerous manufacturers have brought their own versions to the market, often produced in Germany or Turkey. MBG is already considering the following legal actions against other service providers.
Christian Schwartz, a lawyer specializing in intellectual property law, points out that the decisions from Cologne are decisions that are made on a case-by-case basis.
Other courts could come to a different legal point of view and interpret the term “Dubai chocolate” as the name for a specific type of chocolate – similar to the name Wiener Schnitzel. The decisions were made in a hasty procedure without an oral discussion, and the main discussions are still ongoing, the German media write.
Source: fenix-magazin.de
Photo: pixabay
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