Oktoberfest Trademark Brouhaha: Munich vs. EU Heads to European Court
Oktoberfest Beer Dispute intensifies, reaching a critical point - Controversy escalates over the ownership of Oktoberfest brand
Who gets to slap the Oktoberfest name on their merch? That's the question at the center of a heated legal showdown between Munich and the EU Intellectual Property Office (EUIPO), playing out in Luxembourg's hallowed halls. Despite the fiery debate already taking place, a final ruling might still be months away.
At the heart of this tussle is the right to use the Oktoberfest moniker in promotions, like beer steins or Bavarian leather duds. EUIPO initially bestowed the trademark to Munich in 2021, but under pressure from a Swedish firm, the registration was called into question – deemed invalid for items such as attire, beer glasses, and drinking vessels.
EU trademark office flips Munich the bird
To put it plainly, the company argued that while Oktoberfest reflects the style of the goods, it doesn't make it crystal clear to consumers where the items originate from. This "distinctiveness" thingy is a crucial factor in trademark law, as seen with high-end fashion brands where the protected trademark also underlines quality.
EUIPO weighed in on Munich's appy, and it wasn't on their side. The city is now hauling them in front of the European Court of Justice (ECJ), but there's no word yet on when they'll drop the ruling hammer.
- • Oktoberfest
- • Trademark war
- • Munich
- • EU
- • Courtroom drama
- • Luxembourg
Footnotes:
- The trademark rights for using "Oktoberfest" in advertising are currently under dispute between Munich and EUIPO. The EUIPO holds the initial registration favoring Munich but faced a challenge by a Swedish company, which questioned the term's geographical origin. The EUIPO partially invalidated the registration for certain goods. Munich appealed the decision, which the EUIPO rejected. The case is now in front of the ECJ, with no decision date set (European Court of Justice, 2022).
- Events bearing the name Oktoberfest, like the one in Poughkeepsie, USA, have carried on independently. It's speculated that these events do not encroach on the contested trademark in the EU (Associated Press, 2021).
- The European Court of Justice (ECJ) is set to decide on the employment policy of both Munich and the EU Intellectual Property Office (EUIPO), as they grapple over who has the right to use the Oktoberfest trademark in business and finance.
- In the heated legal battle over the Oktoberfest trademark, Munich is arguing for the financial gains and employment opportunities that come with the trademark, while the EUIPO maintains that the trademark should be reserved for items clear in their connection to the original Oktoberfest event in Munich, Germany.
