Dubai Chocolate – Aldi Süd Finally Loses Before Cologne Higher Regional Court
Last autumn, the hype surrounding the pistachio cream-filled “Dubai Chocolate” with angel hair spread to Germany. Around the turn of the year, the first legal proceedings began. The central question is whether a chocolate that is not manufactured in Dubai may nevertheless be marketed under the name "Dubai Chocolate". The legal community has differing views on this matter. One perspective sees “Dubai Chocolate” as an indication of geographical origin, implying the chocolate comes from Dubai. The other view is that consumers perceive the name merely as a reference to the product’s unique recipe.
Since January 2025, courts have issued varying rulings in several preliminary injunction proceedings — in some cases, even within the same court. Different chambers of the Cologne Regional Court reached divergent legal conclusions. Our attorney, Dr. Stefanie Jehle, had the opportunity to comment on one of the Cologne court’s decisions in the current issue of GRUR-Prax.
Additionally, in late June 2025, the Cologne Higher Regional Court ruled on an appeal concerning one of the Cologne Regional Court’s decisions. The court held that the term “Dubai Chocolate” constitutes a geographical indication of origin. It concluded that consumers expect the product to originate from Dubai. Consequently, the court prohibited Aldi Süd from using the term “Dubai Chocolate” for a product sold there that actually originates from Turkey.
In its judgment, the court repeatedly cited a scholarly article written by Dr. Jehle in February 2025, published in the journal GRUR. The Westdeutsche Allgemeine Zeitung, to which Dr. Jehle had previously given an interview on the legal classification of the term “Dubai Chocolate”, has also reported on the Cologne Higher Regional Court’s ruling. The article is available here:
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