GERMANY: Court Considers Whether ‘Dubai Chocolate’ Has Geographical Connotation

In recent months, a series of legal disputes in Germany have addressed the labeling of the hyped confectionery “Dubai Chocolate,” a type of chocolate that is typically filled with pistachio cream and kadayif dough.

Hardly surprisingly, questions have arisen over the permissibility of the claim “Dubai Chocolate” as an indication of geographical origin (IGO) and whether it misleads consumers into believing that the chocolate is actually produced in Dubai or has any other geographical connection to that place. Despite the prominent use of the term “Dubai” on the packaging, the chocolate is not manufactured in Dubai and has no direct connection to Dubai.

Under the German Trademark Act (GTMA), one may not use unregistered IGOs for products unless those products originate from the place, area, territory or country designated by that indication if such use is likely to mislead consumers regarding the product’s geographical origin (see Sec. 127(1) GTMA). However, generic names, indications, or signs are allowed, in particular, if they merely serve as designations or indications of the nature, quality, variety or other characteristics of products (see Sec. 126 GTMA), such as ingredients or recipes.

Initially, in three ex-parte preliminary proceedings brought by competitors in the confectionary business, the Regional Court of Cologne issued rulings banning the use of “Dubai Chocolate” for chocolate products not originating from Dubai (decision of Dec. 20, 2024, ref. no. 33 O 513/24; decisions of Dec. 6, 2025, ref. no. 33 O 525/24 and ref. no. 33 O 544/24).

In contrast, the Regional Court of Frankfurt/Main held that the designation “Dubai Chocolate” does not, in itself, give the impression that the chocolate originates from Dubai, though such an impression may arise in combination with other design or advertising features of a product (decision of Jan. 21, 2025, ref. no. 2-06 O 18/25). Furthermore, even within the Regional Court of Cologne, judges in different court divisions appear to disagree. Upon review, the ruling in ref. 33 O 513/24 was upheld in a February 25, 2025, judgment. But another division rejected the injunction request (judgment of Feb. 26, 2025, ref. 84 O 8/25), finding that the claim “Dubai Chocolate” indicates a product with pistachio kadayif filling and not necessarily the geographical origin of the product. As it is still possible to appeal the cited judgments, legal proceedings are likely to continue.

For businesses, these disputes underscore the importance of ensuring that product labeling clearly reflects the intended message. For example, emphasizing that “Dubai Chocolate” will be understood mainly as a reference to a specific recipe or to certain ingredients (for example, “Dubai style”) can help reduce the risk of claims that the labeling misleads consumers about the geographical origin of the chocolate.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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