A Brawl Over Brats: Oktoberfest Trademark Battle Heads to European Court
Controversy over Oktoberfest moves forward to the next phase of resolution.
Facebook Twitter WhatsApp Email Print Copy Link Who can legally slap the Oktoberfest label on their products? The city of Munich and the EU Intellectual Property Office are at odds in a heated court battle over the right to use the iconic Oktoberfest trademark. The dispute, playing out in Luxembourg, has entered the oral hearing stage, but expect the verdict to be delayed by some months.
At the root of the squabble is the question of who has the authority to emblazon the Oktoberfest name on promotional materials, such as beer steins and leather lederhosen. The EUIPO granted the trademark privileges to Munich in 2021, only for a Swedish company to challenge the decision, rendering the trademark invalid for certain goods like specific clothing, beer glasses, and drinking mugs.
The Swedish company argues that while Oktoberfest sets the stage for the goods' design, it does little to indicate the goods' origin to the consumer. This "distinctiveness," a cornerstone in trademark law, is something that renowned fashion brands possess, with their trademarks serving as a symbol of quality[1].
Munich, unwilling to back down, is taking their case to the European Court of Justice (ECJ) in response to EUIPO's denied appeal. A date for the ruling has yet to be set.
Source: ntv.de, dpa
Insights:- The City of Munich successfully secured the EU trademark for Oktoberfest in 2021, granting it rights to use and license the trademark for promotional purposes in various contexts.- However, this registration was disputed, and parts of it were deemed invalid for certain product categories, such as apparel and drinkware, by a Swedish company[1].- The legal battle has now moved to the ECJ, with Munich appealing the partial invalidation of their trademark registration by EUIPO, and a verdict is still pending.
In essence:
- Munich holds the registered EU trademark for Oktoberfest, but the validity for certain goods remains questionable due to pending court proceedings.
- The city is asserting its rights to use and license the trademark in a variety of contexts, including on beer steins and lederhosen, but challenges persist[1].
- The outcome of the court battle, concerning the full scope of rights for advertising under the Oktoberfest trademark, is still uncertain[1].
- The ongoing court battle between Munich and the EU Intellectual Property Office revolves around the validity of employment policies regarding the usage and licensing of the Oktoberfest trademark on various goods, such as beer steins and lederhosen, as well as the financial implications for businesses dealing with these products.
- In the midst of a heated dispute over the Oktoberfest trademark, Munich, along with various businesses, seeks to assert their rights and establish clear community policies for the use of the trademark, aiming to maintain its significance and protect its reputation as a symbol of quality, much like renowned fashion brands do with their trademarks.
