Judiciary
Brand dispute over the Oktoberfest goes into the hot phase
In the case of clay jugs, beer glasses and others, the city of Munich insists on its trademark law at the term “Oktoberfest”. The legal dispute with the responsible authority now employs the ECJ.
Who can advertise with the term Oktoberfest? This brand dispute between the city of Munich and the EU Office for intellectual property goes into the hot phase at the European Court of Justice. The conflict parties started in Luxembourg with the hearing – but until a judgment occurs, but could still take months.
In essence, the question is about who can advertise Oktoberfest, for example printed on beer mugs or lederhosen. The responsible EU-Office Euipo had the brand in 2021 entered in favor of the city of Munich. At the urging of a Swedish company, the entry was declared void for some items, for example for certain clothing, beer glasses and drinking jugs.
EU branded the EU rejected the complaint in Munich
The company essentially argued that the term Oktoberfest described the style of the goods, but it does not serve consumers as an indication of their origin. However, this so -called distinction is an important criterion in trademark law. It is given, for example, with known fashion brands, for example, where the protected brand should also give an indication of the quality.
The Euipo rejected a complaint from the state capital of Munich, whereas the city is now defending itself in front of the ECJ. An appointment for the verdict is not yet known.
dpa
Source: Stern
