Many people associate Dubai, the capital of the Arab emirate of the same name on the Persian Gulf, with glamour, glitz and luxury. Under the label 'Dubai Chocolate', numerous manufacturers are now offering products that capitalise on this image and aim to convey a certain exclusivity: Ingredients such as dates, pistachios, kadayif and spices from the Arab world suggest to chocolate lovers that they are dealing with a genuine piece of the Orient. A clever marketing coup. But how authentic is this pleasure in terms of its origin? Does 'Dubai chocolate' really come from Dubai?
What do the courts say?
A number of courts have already addressed this issue. In several judgments, the Regional Court of Cologne has made it clear to the discounter Aldi Süd (e.g. Regional Court of Cologne of 20 December 2024, Ref. 33 O 513/24 and 6 January 2025, ref. 33 O 525/24) that the name 'Dubai-Schokolade' or 'Dubai Chocolate' can be a geographical indication of source., which includes the names of places or landscapes or other indications suggesting the geographical origin of a product. Such an indication thus characterises the link between the goods and their geographical origin, which is also associated with a certain quality or reputation. Under Section 127(1) of the German Trademark Act (Markengesetz), an indication of source may not be used for goods which do not come from the region in question. If a manufacturer uses a place name without having any connection to that place, this may be a violation of competition law (Unfair Competition Act) and trademark law. Consumers may assume that a product labelled 'Dubai Schokolade' or 'Dubai chocolate' is made in Dubai or at least has a connection with the region. Advertising claims such as 'This chocolate brings the magic of Dubai straight to your home' or 'Taste of Dubai' reinforce this impression. There is therefore a risk of consumers being misled. In the view of the judges, this is not altered by the fact that the packaging contains information in small print such as 'Origin: Turkey' or 'Product of Türkiye'. However, the Cologne Regional Court's decision is not yet final (as of January 2025).
However, in January 2025, the Frankfurt Regional Court reached a contrary decision (Case No. 2-06 O 18/25). The case concerned chocolate sold by the discount supermarket chain Lidl. According to the Frankfurt decision, the addition of 'Dubai' has now become a so-called generic term. According to the judges, consumers would not necessarily assume that the chocolate was produced in Dubai or that individual ingredients came from there. The packaging of the product also influenced the judgement: the Lidl chocolate had an inscription written entirely in German. In contrast to the Aldi Süd product, the Lidl product also lacked design features that would indicate that it originated in Dubai. In addition, Lidl's advertising referred to the product as a "quality private label", which also counteracted the impression that the product came from Dubai. The result: Lidl can continue to sell its Dubai chocolate, but Aldi Süd cannot. However, the Frankfurt Regional Court's decision is not yet final (as of January 2025).
Consequences for producers and consumers
Regardless of how the case is decided in the near future, manufacturers would be well advised to carefully review the presentation of their products and their advertising in order to avoid legal consequences such as injunctions and other sanctions.
Consumers are advised to look critically at the small print, such as ingredient lists and manufacturer information on the packaging, to determine whether the chocolate has actually been produced or refined in Dubai.
Picture credits: murziknata_AdobeStock.com
