A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or reputations that are due to that origin. To function as a GI, the sign must identify a product as originating in a given place.
In addition, the qualities, characteristics or reputation of the product must be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.
In this regard, before the courts in the Federal Republic of Germany, the company Andreas Wilmers, which sells “Dubai Chocolate” in the Federal Republic of Germany under the brand name “Fix”, which is actually produced in Dubai, has brought proceedings against ALDI, LIDL and LINDT for the misuse of the designation “Dubai”.
According to LIDL’s argument, the term “Dubai Chocolate” only refers to a type of chocolate with creamy pistachios and a “kadayif” filling, and not to chocolate that specifically comes from Dubai. The Association of the German Confectionery Industry is on the same opinion that “Dubai Chocolate” can be produced anywhere in the world, and according to ALDI, on the back of the packaging, the label clearly states that the product is produced in Turkey and there can be no risk of misleading consumers.
However, according to the Cologne court in the first ruling on “Dubai Chocolate” against the supermarket chain ALDI, it was decided that ALDI should stop selling it because the product is actually produced in Turkey, but according to the court, the name of the product ” Alyan Dubai Handmade Chocolate” leads consumers to think that it is produced in Dubai and imported into the Federal Republic of Germany.
ALDI has the right to appeal this ruling and the final outcome of the procedure is awaited.