Fight over sweets
Court: Lidl is allowed to continue selling its Dubai chocolate
The Aldi Süd company was recently banned from selling its Dubai chocolate. However, in another legal dispute over a Lidl product, judges came to a different conclusion.
Unlike Aldi Süd, Lidl is still allowed to sell its Dubai chocolate. The Frankfurt regional court rejected an injunction against the company. This aimed to prohibit the discounter from selling the product. The decision is available to the German Press Agency. The “Lebensmittel Zeitung” had previously reported on it.
The confectionery importer Andreas Wilmers, who sells Fex brand chocolate made in Dubai in Germany, had sued. If it says Dubai chocolate, it must come from there, complains the entrepreneur. Otherwise there is a risk that consumers could be misled. Wilmers recently also took action against Aldi Süd. The Cologne regional court then banned the discounter from continuing to offer its Dubai chocolate.
However, the Frankfurt judges decided differently. The use of the suffix “Dubai” has turned into a generic term, they write in their decision. When it comes to Lidl chocolate, customers would not necessarily assume that the individual components came from Dubai or that the entire product was manufactured there. The presentation of the chocolate and the specified designation of origin are also argued: “with chocolate, pistachios and Kadayif from EU/non-EU”.
Plaintiff examines appeal against decision
In their justification, the judges address the similar case of Aldi Süd. In its decision, the Cologne Regional Court allowed the name “Dubai Chocolate” to suffice. The chamber “does not follow this in this general sense,” the decision states
The Lidl chocolate has a label written throughout in German. Unlike Aldi Süd, there were no design features that would indicate its origins in Dubai. The Lidl advertising also points to a “quality own brand”. This counteracts the impression that the product comes from Dubai.
The decision of the Frankfurt Regional Court is not yet legally binding. Confectionery importer Wilmers can lodge a complaint against this. This is still being examined, he said when asked.
dpa
Source: Stern
