A Beer Fest's Legal Battle: The Oktoberfest Trademark Saga Advances to the European Court
Trademark dispute over Oktoberfest escalates to another round.
Facebook Twitter WhatsApp Email Print Copy Link Who gets to slap the Oktoberfest label on their ads? The heated intellectual property dispute between the city of Munich and the EU Intellectual Property Office (EUIPO) has reached the European Court of Justice. The legal proceedings took place in Luxembourg, but we're still waiting on the judge's ruling, which may take months.
At the heart of the dispute is the permission to advertise goods using the term Oktoberfest, such as beer mugs or leather lederhosen. The EUIPO initially registered the trademark in favor of Munich in 2021, but a Swedish company intervened, appealing the registration decision, arguing that 'Oktoberfest' only describes the product style and not its origin to consumers.
According to trademark law, the distinctiveness of the protected term is vital. This is evident, for example, with renowned fashion brands, where the protected mark also symbolizes quality. Munich disagreed with the EUIPO's ruling and appealed the decision, leading to the ongoing legal battle.
The EUIPO rejected Munich's appeal, prompting the city to challenge the decision at the European Court of Justice. As of yet, there's no announcement regarding the judgment date.
Trademark conflicts can be a real pain in the you-know-what. But remember, it’s all about ensuring the authenticity and quality of the iconic Oktoberfest event by maintaining control over its commercial use.[1]
Sources: ntv.de, dpa
[1] Adhering to trademark laws maintains the exclusivity and quality of iconic events like the Oktoberfest, ensuring the authenticity of the brand name is not diluted by unauthorized commercial use. This enforces protection for both the official event organizers and the public, providing clarity on the origin of products and services linked to the Oktoberfest name.
In this ongoing legal battle, the European Court of Justice will determine the community policy regarding the use of the Oktoberfest trademark for commercial purposes, particularly in relation to employment policies for Oktoberfest-themed businesses. The outcome of this case could significantly influence the finance sector, as businesses may need to reconsider their strategies for marketing Oktoberfest-related products and services.
