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Warnings about Dubai chocolate: A competition law analysis of misleading statements and the judgments from Cologne, Frankfurt and Bochum

The controversial "Dubai chocolate" - current case law at a glance

The so-called "Dubai chocolate" has caused quite a stir in recent years. This special chocolate, usually filled with pistachio cream and Kadaifi dough (also known as "angel hair"), is often associated with the exotic flair of Dubai and has triggered a real hype. But what happens when a chocolate is advertised with the term "Dubai", even though it does not come from Dubai? This is the key question addressed by two important rulings by the Regional Court of Cologne and the Regional Court of Frankfurt. The focus is on the competition law question of whether the term "Dubai chocolate" can be considered misleading if there is no actual origin from Dubai.

What is misleading competition law?

Misleading under competition law refers to an action in which a company uses false or misleading information to create the impression that a product has certain characteristics that it does not actually have. This can be particularly problematic in the case of geographical indications of origin. According to Section 127 of the German Trademark Act (MarkenG), it is not permitted to use geographical indications of source such as "Dubai" if this leads to misleading information about the actual origin of a product. Such an approach can lead to injunctive relief if consumers are misled by the designation.

The judgment of the Cologne Regional Court: A risk of misleading information

The Regional Court of Cologne has ruled in several proceedings that the term "Dubai chocolate" can be misleading if the product does not actually originate from Dubai. In the cases decided, the "Dubai chocolate" was advertised with additional claims such as "with a touch of Dubai", "Magic of Dubai" or "Taste of Dubai". These formulations could give the impression that the chocolate has a connection to Dubai - be it through its origin or through a special preparation from this region. A particular problem here was that the origin "Turkey" was only indicated on the packaging in tiny font sizes and was therefore barely recognizable to consumers.

The Cologne Regional Court ruled that there was a risk of misleading information about the origin of the chocolate in these cases, as the advertising claims and packaging design gave the impression that the chocolate came from Dubai, although this was not the case. The unfamiliarity of the brands and the design of the packaging also contributed to the decision. The term "Dubai chocolate" was deemed inadmissible here as it suggested a false geographical origin.

UPDATE from 03.02.2025: Aldi has decided to appeal against the decision.

The judgment of the Frankfurt Regional Court: "Dubai" as a generic term?

The Frankfurt Regional Court ruled quite differently. In proceedings against Lidl, which also sells "Dubai chocolate" in its product range, the court came to the conclusion that the term "Dubai chocolate" is not necessarily understood as an indication of origin, but rather as a generic term. The Frankfurt Regional Court found that the term "Dubai" is now so widespread that consumers tend to assume that it refers to a special recipe or preparation method associated with the ingredients pistachios and Kadaifi dough - and not to the origin of the chocolate itself.

The court emphasized that Lidl's packaging did not give any clear indication of origin from Dubai and that "Dubai" was perceived here more as part of the recipe or the manufacturing style. Since the term "Dubai chocolate" has since become a generic term, the use of this term is not fundamentally misleading. Unlike in the cases before the Cologne Regional Court, there were no additional design elements here that suggested a false origin.

New judgment by Bochum District Court: sale halted

A further judgment now paints the picture: the Regional Court of Bochum (case number I - 17 O 5/25) issued a temporary injunction against the company IA International GmbH from Dortmund, which sold its chocolate via an online platform under the brand name "Alyan Handmade Dubai Chocolate".

Key statements of the resolution:

  • Prohibited advertising claims: The court expressly prohibited the use of claims such as "Dubai Handmade Chocolate" or "a taste experience from the metropolis of Dubai" in advertising or sales.
  • Misleading origin: The main argument put forward was that such designations misleadingly suggest the geographical origin - namely the idea that the chocolate actually comes from Dubai.

Conclusion: The specific presentation makes the difference

The different rulings from Cologne, Frankfurt and Bochum impressively show how important the specific design and presentation of a product is for the assessment under competition law:

  • LG Cologne and LG Bochum: In their rulings, both courts focused on the potential misleading of consumers. In particular, if the packaging design or accompanying advertising statements give the impression that the chocolate actually comes from Dubai, this can be considered anti-competitive. The ruling from Bochum illustrates this with reference to a specific case in which the sale of the chocolate in question was prohibited by means of a temporary injunction.

  • Frankfurt Regional Court: Here, the use of the term "Dubai" was interpreted as a generic term. The decisive factor was that the term is already associated with a specific recipe in the consumer's mind and is not necessarily understood as an indication of origin.

Advice from a specialist lawyer

The range of decisions underlines the fact that in practice it is not just the use of a geographical name that is important, but also the accompanying presentation and the associations associated with it. Companies should therefore consider very carefully how they use geographical names in product communication. A clear, transparent design can help to avoid the impression of false origin and thus minimize legal risks.

For companies that are unsure or have already received warnings, legal advice from a specialist lawyer for industrial property protection is recommended in order to make the design of product names and advertising measures legally compliant.

Robert Meyen, a lawyer specializing in intellectual property law, will support you with his expertise and provide you with comprehensive advice on issues relating to trademark law, competition law and the legally compliant design of your products and advertising measures. Do not hesitate to contact us to minimize legal risks and protect your position on the market.

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