It went viral, it went global, and it became highly sought-after; now, Dubai chocolate is at the center of a legal battle. According to a Cologne court ruling, only chocolate imported from Dubai, the Arab emirate, can rightfully be called “Dubai chocolate.”
On Friday, the court issued a preliminary injunction against two traders selling the much-desired chocolate that does not originate from the United Arab Emirates (UAE). The injunction targets Medi First and KC Trading UG, who were sued by MBG International Premium Brands GmbH from Paderborn. Notably, MBG International does not market “Dubai chocolate” but imports a bar known as “Habibi Bar” from the emirate.
The court’s decision stated that a chocolate product not produced in Dubai cannot be labeled as “Dubai chocolate.” The rationale behind the ruling emphasized consumer perception, stating, “Consumers believe that a product named ‘Dubai chocolate’ is made in Dubai, hence there is a risk of misleading them.”
The ruling further stipulated that the heads of Medi First and KC Trading UG could face prison sentences of up to six months or a fine of €250,000 if they continue selling chocolate under the “Dubai chocolate” name.
“Dubai chocolate”: A Global Sensation Leading to Legal Disputes
According to the patent office, Germany alone has 19 active trademark applications for sweets with “Dubai” in their name. Across Europe, as of December 4, 2024, there were over 30 such applications.
Dubai chocolate has caused quite a stir not only in Germany but also across Europe. While making this chocolate is relatively straightforward, the question arises: Can anyone call it Dubai chocolate?
It’s worth noting that product names based on origin can be globally protected as trademarks. For instance, the term “champagne” is reserved for sparkling wine from the Champagne region in France.
The ‘Geneva Act of the Lisbon Agreement’ is an international treaty that includes 30 countries, including EU states. It essentially protects products based on the geographical name of a country, region, or locality where the product is produced.
However, patent lawyer Rüdiger Bals explained to DW that this protection only applies to countries participating in the treaty. The UAE is not a member, meaning it cannot protect the term “Dubai chocolate” under this agreement.
Despite this, Germany’s Patent and Trademark Office told DW that bilateral agreements between countries could ensure protection. Thus, the UAE could theoretically register “Dubai chocolate” as a geographical indication within its jurisdiction and then apply for protection in the EU.
