Cookbooks for "Thermomix"

A publisher may print the product name and a stylized image of the food processor on the cover of his cookbooks with recipes for the "Thermomix" despite existing brand protection. However, the use of the brand must remain within the scope of what is necessary to inform consumers about the purpose of the cookbook.

The reason given for the decision was that, since the cookbooks are of interest only to owners of a "Thermomix" and thus misleading consumers was avoided, their use was justified. A reference to the trademark merely serves to stand out from the masses and to draw the attention of the consumers concerned. It was also clear that the cookbooks were published by the defendant and could be used for the applicant's food processor.

The Senate did not allow the appeal, but the possibility of a non-admission appeal to the Federal Supreme Court was given.

Go back