The German Discounts Lidl is celebrating a big victory: the Frankfurt Court of Appeal has decided that they can continue sales of “Dubai Chocolate”, writes Deutsche Welle.
And this, although this chocolate is not produced in Dubai and is even released as a private label of the well -known chain. A German food wonet had appealed against the Lidl, as he also introduces FEX’s own “chocolate Dubai” branded “chocolate Dubai” in Dubai.
According to Deutsche Welle, the plaintiff claims that Lidl products mislead the consumer, causing the incorrect impression that he is buying chocolate made in Dubai. However, the Frankfurt Court of Appeal does not share its arguments.
According to the German News Agency (DPA), judges believe that “Dubai Chocolate” is perceived as a general concept without a special bond with the place in which it is produced. Consequently, they say, there is no question of misleading the consumer when the packaging of this product explicitly states that its components come “from countries inside and outside the EU”.
Judicial defeat for Aldi
It is noteworthy that the same trader had been justified in another, similar appeal to the Cologne Court of First Instance. The lawsuit was directed against the Aldi supermarket, which had “Dubai chocolate” on Turkey. In this case, the judges ruled that there was a risk of misleading the consumer and even approved interim measures against Aldi supermarkets. Or were the two cases that similar?
According to the tagesschau.de website of the first channel of German television (ARD), the two cases are indeed different, which is also pointed out by the Frankfurt Court of Appeal. For example, Lidl’s “Chocolate Dubai” clearly appears as a “private label” and does not leave the slightest implicit that it may come from Dubai, which is not the same to the Aldi packaging.
Tick of hundreds of millions
The truth is, of course, that “Dubai chocolate” had first appeared in Dubai. A chocolate, Sarah Hamunda, devised the recipe during her pregnancy at the beginning of 2024, and presented for the first time a delicacy with a chocolate, a peanut cream and a crunchy leaf of Kadifi. The recipe became known around the world via Tiktok. However, it has not been commercially registered, as the United Arab Emirates has not signed the “act of the Geneva of the Lisbon Agreement on the names of origin and geographical indications”.
As a result, the question arises whether there is a patent and legal registration for the “Dubai chocolate”. It is no coincidence that the issue is now concerned with the courts. It is a huge turnover that still promises today the “most viral delicacy for 2024”.
Market experts estimate that within six months “Dubai chocolate” has made sales of $ 500 million worldwide. And this amount does not even include Christmas turnover.
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