Käpt'n Iglo has suffered its second defeat in court in a long-running legal dispute over the uniqueness of its well-known advertising figure. On Thursday, the Munich Higher Regional Court dismissed the Hamburg-based fish stick manufacturer's appeal against a similar advertising figure from Cuxhaven-based competitor Appel Feinkost. The reasoning is still pending.
Iglo sees a risk of confusion for consumers, as Appel also advertises its fish products with a bearded gentleman in front of a maritime backdrop. However, the Senate obviously does not see any unfair competition, as can be seen from the dismissal of the complaint.
Already in the morning hearing, presiding judge Andreas Müller made it clear that he considers the likelihood of confusion to be very low.
Iglo had already lost in the first instance in December 2020 at the Munich Regional Court and subsequently appealed.
Munich may be far from the North Sea coast, but the courts in the Bavarian capital are known among lawyers for their expertise in competition law./cho/DP/he