Dubai Chocolate or deceptive marketing?

When virality on TikTok defies German trademark law...

This winter, “Dubai chocolate” caused a sensation: 98 million views on TikTok, German Christmas market stalls overrun. But behind the viral enthusiasm lies a legal question: can a product not made in Dubai really be called “Dubai chocolate”?

The legal basis:

According to § 126 MarkenG (German trademark law), a geographical indication can only be used if the product actually comes from the place mentioned.

Failing this, it becomes a misleading geographical indication (“geographische Herkunftsangaben”) (§ 127 I MarkenG), giving entitlement to legal action on the basis of unfair competition (§ 8 III UWG).

Legal proceedings:

Importers of genuine chocolates made in Dubai have launched several legal actions, with three proceedings in Cologne and one in Frankfurt.

❌ In Cologne, the judges found that the packaging and descriptions misled the average consumer. Result:

Sales ban confirmed.

Mentions in English and the true Turkish provenance, barely legible, sowed doubt.

✅ In Frankfurt, the Court rejected the claim, arguing that the term “Dubai chocolate” had become a generic designation (“Gattungsbezeichnung” - § 126 II MarkenG). It no longer refers to a precise geographical origin, but to a type of product or a recipe.

🔄 And here we go again in Cologne! On February 26, 2025, the 4th Commercial Chamber of the Cologne Regional Court reversed its decision It now considers that, since the January 6, 2025 ban on “Dubai chocolate” distributed by Aldi, consumers have integrated that “Dubai” refers more to a recipe or a style than to an actual geographical origin.

This is a perfect illustration of the evolution of public perception - and its impact on trademark law.

The result? Viral marketing has eclipsed the reality of geographical origin. The legal protection associated with geographical indication has been lost.

In the age of TikTok, can you lose a geographical indication in a matter of weeks?

 → In Frankfurt, the judges seem to be answering yes.

For more details, read the full article on Village de la Justice :

https://www.village-justice.com/articles/chocolat-dubai-quand-les-tribunaux-allemands-tranchent-entre-marketing-viral,53531.html

Image: Pixabay