Advertisements on imported nutcrackers should avoid mirroring the promotional style of the Ore Mountains region.
The Association of Ore Mountain Artisans and Toy Manufacturers has welcomed a recent ruling by the Higher Regional Court (OLG) Dresden, which reaffirms the importance of authenticity in products labeled "Ore Mountains". The ruling serves as a significant legal precedent in cases involving the misuse of the label "Ore Mountains".
Last year, the OLG Dresden ruled that the label "in the style of the Ore Mountains" constituted an impermissible exploitation of the good reputation of genuine Ore Mountain products. The ruling was in response to a dispute centered around a cheap imported product that was advertised online with the label "in the style of the Ore Mountains".
The case was appealed by the company VBS Hobby Versand GmbH, but the Federal Court of Justice (BGH) has now made the ruling final with its decision. The BGH is the highest court in Germany for civil, criminal, and administrative matters.
The ruling emphasizes the zero-tolerance policy towards misleading labels, such as "made in the style of the Ore Mountains". It reinforces the requirement that a product labeled "Ore Mountains" must contain 100% Ore Mountain origin.
Frederic Günther, from the Association of Ore Mountain Artisans and Toy Manufacturers, made a statement regarding the ruling. He emphasized that the ruling confirms that a product labeled "Ore Mountains" must be 100% from the Ore Mountains. He also welcomed the creation of a legal precedent to combat future cases.
The Association has expressed its support for the ruling, stating that it creates an important precedent to defend against future cases involving the misuse of the label "Ore Mountains". The ruling serves as a warning to businesses to ensure the authenticity of products labeled "Ore Mountains".
The legal dispute over a counterfeit nutcracker labeled "made in the style of the Ore Mountains" has been resolved. The case highlights the need for businesses to be mindful of the labels they use, ensuring they do not mislead consumers or exploit the reputation of genuine Ore Mountain products.
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