Chocolate manufacturers who until recently had jumped on the Dubai bandwagon are likely to be more cautious in their advertising in future. One reason for this is the recent ruling by Cologne Higher Regional Court (Oberlandesgericht), which clarified in four parallel cases that “Dubai chocolate” remains a simple geographical indication as defined by Section 126 (1) Trademark Act (MarkenG) and has not (yet) changed into a mere generic name (judgment of June 27, 2025 - 6 U 52/25).
Cologne Regional Court (Landgericht) had already handed down a similar ruling against the discount store Aldi Süd in several previous cases (e.g. Cologne Regional Court, December 20, 2024, case ID 33 O 513/24 and January 6, 2025, case ID 33 O 525/24): it held that the name “Dubai chocolate” could be regarded as a geographical indication. If a manufacturer uses the name of a place without having a connection to that place, this may constitute an infringement of unfair competition law (Act against Unfair Competition (UWG)) and trademark law. Frankfurt Regional Court (Landgericht) had previously taken a different view: in a lawsuit against discount store Lidl, the judges came to the conclusion that the addition “Dubai” is now a “generic term” (case ID 2-06 O 18/25), meaning that consumers do not necessarily assume that the chocolate is made in Dubai or that individual ingredients come from there (see also C&F blog from January 30, 2025).
Cologne Higher Regional Court has now invalidated the decision from Frankfurt and made it very clear in its most recent judgments: if the product in question is neither manufactured in Dubai nor processed there to any significant degree, the name “Dubai chocolate” is misleading (according to Section 127 (1) MarkenG). The court found that elements of the packaging such as the Dubai skyline or claims in English reinforce this misconception. References such as “Product of Türkiye” do not change this. If just 15 to 20 percent of consumers associate the term “Dubai chocolate” with a specific geographical origin, the protection of the designation of origin remains in place. The judges did not consider this threshold to be fallen short of. All judgements from the proceedings in question will in future be guiding and binding for similar cases until main proceedings determine otherwise.
For chocolate manufacturers and retailers, this means that if they want to continue using the “Dubai” label in their advertising, they must have the product manufactured in Dubai, label the goods with a clear, easily visible indication of origin and document the supply chain. Otherwise, they must quickly switch to names such as “Dubai style” or entirely new brands and remove all visual references to Dubai. Without such measures, the company may face preliminary injunctions or may have to cover the cost of recalls, the cost of the cease-and-desist letter, or fines. It is therefore advisable to carry out a thorough cost/benefit analysis and to keep a close eye on future court decisions.
Picture credits: tiagozr_AdobeStock.com
