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Hofbräuhaus versus Hofbrauhaus: Trial at the Munich district court

There is a Hofbräuhaus in Munich, but also in Dresden – to be more precise: a Hofbrauhaus. The problem: the state-run Munich Hofbräuhaus sees its trademark rights violated by the Dresden Hofbrauhaus. Therefore, the case will be heard before the Munich district court on Monday.

The problem lies in the detail, more precisely in the ambiguities “au” and “äu”. A Dresden supermarket operator registered the “Dresdner Hofbrauhaus” brand in 2011. He has been selling the beer under this name in his supermarkets ever since.

Twelfths pose an international problem

“Brauhaus” and “Bräuhaus”: In German, the difference can be clearly heard. But in the USA, for example, according to the Munich Hofbräuhaus, there is usually no difference between “äu” and “au”, which is why “Hofbräuhaus” from North American mouths always sounds like “Hofbrauhaus”. That’s why they have secured all possible variants of the name and thus also “Hofbrauhaus”, according to the traditional Munich state brewery.

Other Hofbräu variants are still possible

According to the Hofbräuhaus, franchise agreements have been concluded with companies that use the name “Münchner Hofbräuhaus” in their name. According to its own statement, the Munich state-owned Hofbräuhaus has made special agreements with breweries such as the “Graeflichen Hofbrauhaus zu Freising”, the “Hofbräuhaus Traunstein” or the Bamberger Hofbräu.

These houses have a long and complete history, and they also brew their own beer, according to the Munich state brewers. Therefore, the trademark rights can hardly be shaken. With the Dresdner Hofbrauhaus, however, things are different, according to the opinion in Munich.

Dresden entrepreneur sees himself completely right

The supermarket operator in the Saxon state capital refers to an old Dresden brewery with its “Dresdner Hofbrauhaus”. The “Hofbrauhaus Aktienbierbrauerei und Malzfabrik zu Dresden” existed in the Saxon state capital until 1921. This brewery, which is said to have been licensed in 1731, no longer exists. The Dresden entrepreneur now has a supermarket where it once stood – and he therefore sees himself as the legitimate successor to the former brewery. In addition, the old brewery fountain in his supermarket can still be visited.

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