Commission's Obligations failed to be met under Article 85 (1) of the Treaty, according to the Court of First Instance verdict.

Cologne Courts Crack Down on Phony "Dubai Chocolate" Marketing

Court imposes stricter limits on the application of 'Dubai Chocolate' trademark - Commission's Obligations failed to be met under Article 85 (1) of the Treaty, according to the Court of First Instance verdict.

In a series of recent rulings, the courts of Cologne, Germany, have taken action against companies misusing the advertising term "Dubai Chocolate." These decisions mostly stem from trademark disputes in the food and confectionery sector.

One such case, which already received a preliminary injunction, highlighted the court's stance that "Dubai" chocolate should indeed have a connection to the Arab emirate. In the other three cases, the courts did not initially ban the distribution of the products, but the Higher Regional Court of Cologne has now changed this, stating that the chocolate must originate from Dubai due to the current "hype" surrounding the product.

Companies producing chocolates, particularly from Turkey, argued that "Dubai chocolate" is a generic term for a chocolate with a special recipe, regardless of its country of origin. However, the court rejected this argument following a brief review, citing that over 15 to 20% of consumers currently still associate the term with a specific geographic origin.

The frenzy around the so-called "Dubai chocolate" in Germany was fueled by social media, leading to long lines at stores towards the end of last year as people waited for hours to get their hands on the pistachio cream-filled treat with "angel hair" dough.

The courts' decisions are final.

When it comes to trademark rights, the term "Dubai Chocolate" falls under Trademark Class 30, which covers items like coffee, cocoa, tea, honey, sugar, and sweets. As such, any use of the term in advertising chocolate products must align with registered trademarks under this classification to avoid legal challenges.

Misusing "Dubai Chocolate" as an advertising term without proper authorization could result in court injunctions, fines, or cease-and-desist orders. On a related note, product labeling and safety claims associated with "Dubia Chocolate" must comply with local food safety regulations, especially for imports, to ensure consumer protection and avoid any counterfeit or unsafe products.

1. The Higher Regional Court of Cologne has stated that, due to the current "hype" surrounding "Dubai Chocolate," the chocolates must originate from Dubai to adhere to the use of the term in advertising, potentially impacting the finance and business of companies producing and distributing these products without proper authorization.
2. When it comes to trademark rights, misusing "Dubai Chocolate" as an advertising term without proper authorization could lead to court injunctions, fines, or cease-and-desist orders, and it is crucial for product labeling and safety claims associated with "Dubai Chocolate" to comply with local food safety regulations, especially for imports, to ensure consumer protection and avoid any counterfeit or unsafe products.

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