Bonn - Victory for Haribo, a bitter pill for the candy manufacturer Katjes: The liquorice manufacturer from Emmerich has lost a lawsuit mitdem Haribo competitors also in the second round.
This esum went to use the name "yogurt Gum" for fruit gums. Ina appeals court rejected the Hamburg Higher Regional Court eineentsprechende injunction and damages claim of Katjes from amDonnerstag.
Haribo sweets, may continue to offer as a "yogurt Gum" and sell.
Katjes had exclusive trademark rights to the term gemachtund claim against the Bonn-based company sued so Haribo. In the dispute is umProdukte feud Haribo and Katjes for years in court.
According to the Hamburg court, the term "yogurt Gum" purely descriptive underlaubt for a certain kind of gummi bears no association to a manufacturer. It is not for consumers, "distinctive," it says on the verdict.
Haribo use the term on his packaging also only as an additional supplement to demProduktnamen "Jogi Bussi," so there is no likelihood of confusion.
Already in the first instance had Katjes Hamburgverloren before the District Court and was, therefore, appeal to the High Court in gegangen.Die company can now even Germany before the High Court in revision gehen.Da the goods in trade, could be sued anywhere.
In the guerrilla warfare of the candy maker had been in December must backtrack zuletztHaribo: Then it came to the words "Haribomacht children happy" on bags of licorice adults. The district court confirmed, after a DüsseldorfCongress Katjes-action, one against EinstweiligeVerfügung Haribo.
The company needed a new bag for his "dropje" print. Although the product is because it contains two ProzentSalmiak, imprinted with "adult licorice, keinKinderlakritz.
According Katjes the font is too small and wirdvom slogan "Haribo makes children happy and adults as" sowieeinem pictured on the bag baby misleading superimposed.
More on Haribo: There Haribo Cologne fair nen basket> Haribo Licorice loses dispute> Bear Klau at Haribo>
