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The hangover after the hype: “Dubai chocolate” must come from Dubai

“Dubai chocolate” was an unexpected hype last year and raised numerous questions regarding trademark and competition law. Some of these were clarified by the Higher Regional Court of Cologne on June 27, 2025. The court ruled that anyone advertising “Dubai chocolate” must ensure that the chocolate actually comes from Dubai.

In a total of four cases, the judges examined whether the term “Dubai chocolate” is (still) an indication of origin or whether it has already developed into a generic term. The decisive factor here is whether at least 15 – 20% of the consumers addressed still associate the term with a geographical origin. The court did not consider this threshold to have been fallen below, meaning that there was no dilution of the reference to origin.

A key argument was the presentation of the products: in addition to the name “Dubai,” there were other elements that reinforced an association with the desert metropolis, such as a stylized city skyline and advertising slogans such as “This chocolate brings the magic of Dubai directly to your home.”

The proceedings were initially decided in summary proceedings; however, the parties can continue to assert their rights in the main proceedings.

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