Court: "Risk of Misleading Consumers into Believing It Was Produced in Dubai"
From now on, in Germany, chocolate produced in areas unrelated to Dubai, United Arab Emirates (UAE), cannot be sold under the name "Dubai Chocolate."
On the 14th, Yonhap News reported, citing the Cologne Regional Court, that the court accepted a provisional injunction filed by the distributor Wilmers, which imports chocolate from Dubai, against the supermarket chain Aldi. The court banned the sale of "Alian Dubai Handmade Chocolate."
Since December last year, Aldi began selling chocolate imported from T?rkiye under this name in its supermarkets. This chocolate contains thin Middle Eastern kadayif noodles and pistachio cream, similar to typical "Dubai Chocolate." The back of the chocolate packaging states that it was produced in T?rkiye.
The court ruled that the product name could cause misunderstanding. It pointed out that "consumers might mistakenly believe the product was actually produced in Dubai and imported to Germany." According to German trademark law, only products produced in Dubai or having a special geographical connection to Dubai can use the name "Dubai Chocolate."
The distributor Wilmers is also taking legal action against other supermarket companies selling products under the name "Dubai Chocolate." This ruling may also affect future lawsuits involving Lidl and the chocolate specialist company Lindt.
Dubai Chocolate has gained popularity worldwide, even sparking a trend of making it at home. There is a counterargument that "Dubai Chocolate" can be regarded as a generic term referring to specific ingredients and manufacturing methods.
Trademark attorney Konstantin Lehag told the media, "Consumers do not think of Dubai as the origin when they hear the term Dubai Chocolate," adding, "There are precedents where terms like Italian salad and Wiener schnitzel (pork cutlet) are recognized as generic terms by the average consumer."
Meanwhile, Dubai Chocolate is also popular domestically. Although the product's trend started overseas, it is notably popular among foreigners in domestic convenience stores. CU convenience store analyzed tax refund sales data last year and found that the most purchased item by foreign tourists was Dubai Chocolate. Dubai Chocolate has become a hit product domestically as well, with sales reaching about 20 billion KRW last year alone.
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