• Germany's news in English
 

Doh! Court must choose between two Duff Beers

Published: 05 Dec 2012 15:46 GMT+01:00

The row, which has already produced two conflicting opinions from lower courts, reached the Federal Court of Justice, where Judge Joachim Bornkamm opened proceedings by describing The Simpsons cartoon as a series where, "a certain Mr Homer Simpson appears; and this gentleman drinks."

Bornkamm stressed that Simpson's favourite beer was "a cheaper brand."

Nonetheless, the gimmick value of marketing Duff Beer is not to be underestimated, and the two manufacturers have kept courts and lawyers busy with competing claims.

The firm Duff Beer UG in Eschwege, Hessen, produces Duff Beer in bottles and cans, complete with a Simpsons style logo and a website which calls it a legendary beer without actually mentioning the Simpsons.

Matt Groening, creator of the Simpsons, prevented this happening in the US, the Financial Times Deutschland reported on Wednesday.

Simpsons owner Twentieth Century Fox argued that although The Simpsons was popular among adults, it was conceived for children, and he did not want to encourage young people to drink.

This ban did not extend to Germany though - Twentieth Century Fox failed several years ago to show how well-known the cartoon series was on this side of the Atlantic.

So Duff Beer UG cracked open first bottles, and more recently cans, of Homer's favourite brew, selling them across Germany to customers with a red, quadratic logo, clearly on the back of the not-mentioned yellow-skinned residents of Springfield.

It then applied to get another Duff Beer logo registered by a different drinks company de-recognised by the trademark German authorities. It argued that the yellow and blue oval logo registered by a firm from Franken, had not been used on a beer, and its trademark status should thus be removed.

The Franken Duff Beer firm's lawyer could not say whether her client was making Duff Beer, but argued that although the oval logo had not been used, the name Duff Beer had been used in a different context, and so was not being ignored.

The Local/hc

The Local (news@thelocal.de)

Your comments about this article

Today's headlines
Poland bridles at German minimum wage
Photo: DPA

Poland bridles at German minimum wage

Germany's newly-introduced €8.50 minimum wage is raising hackles at Polish trucking companies, who say they shouldn't have to pay their drivers at that rate for the hours they spend on their western neighbour's roads. READ  

Life sentences meted out in murder-for-hire
A man photographs an appeal for witnesses in the death of Christin R. in 2012. Photo: DPA

Life sentences meted out in murder-for-hire

A Berlin judge on Thursday sentenced four people to life sentences in a sordid conspiracy murder case in which a pizza delivery driver was paid €500 to kill a young woman for her life insurance. READ  

Jobless numbers rise to top 3 million
Men at work. Photo: DPA

Jobless numbers rise to top 3 million

German jobless numbers rose this month, bringing unemployment up to seven percent, the Federal Labour Agency (BA) reported on Thursday. READ  

Frankfurt man loses airport job over Isis links
Security checks at Frankfurt airport. Photo: DPA

Frankfurt man loses airport job over Isis links

In a decision announced on Wednesday, a Frankfurt court upheld the dismissal of a man from his job at Frankfurt airport over his close friendship with a foreign citizen with ties to terrorist group Isis. READ  

Cologne Karneval scraps Charlie Hebdo float
Image courtesy Festkomittee Kölner Karneval

Cologne Karneval scraps Charlie Hebdo float

Cologne's planned Charlie Hebdo float in its Rosenmontag parade was a false start, after the organising committee scrapped its construction over security concerns. READ  

Overnight raids bust up smugglers ring
File photo: DPA

Overnight raids bust up smugglers ring

Federal police arrested 12 people on Wednesday night after a national raid by police broke apart a smuggling ring. READ  

Anti-euro AfD split over Pegida ties
Former Pegida spokesperson Kathrin Oertel and Brandenburg head of AfD Alexander Gauland. Photo: DPA

Anti-euro AfD split over Pegida ties

Germany's upstart anti-euro AfD party will seek to mend a rift among members on whether to forge close ties with an emergent "anti-Islamisation" movement at a congress this weekend. READ  

Court grants kids right to know donor fathers
Photo: DPA

Court grants kids right to know donor fathers

The Supreme Court (BGH) decided on Wednesday that the children of sperm donors have a right to know who their biological father is at any time. READ  

Russia may declare 1990 reunification illegal
Russian President Vladimir Putin. Photo: DPA

Russia may declare 1990 reunification illegal

More than 25 years after the Berlin Wall's fall, Russian lawmakers are mulling a proposal to condemn West Germany's 1990 "annexation" of East Germany as Moscow's answer to Western denunciation of its seizure of Crimea. READ  

No room for scooters on the bus: Court
Photo: DPA

No room for scooters on the bus: Court

A court in North-Rhine Westphalia found on Wednesday that there is no obligation for buses or trains to make room for mobility scooters - and that it's actually dangerous to bring them aboard. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Business & Money
FATCA: 'The age of financial privacy is over'
Gallery
The best regional foods TTIP opponents want to protect
Photo: DPA
Features
The rise and spread of Pegida
Photo: Shutterstock
Culture
This cosplayer did not think his plan through
National
Europe in statistics - from Spain to Sweden
Photo: DPA
Politics
The Local's report from Pegida's largest ever demonstration.
Sponsored Article
Top-notch tech boosts bilingual schools
National
Six stories that will rock Germany this year
Photo: DPA
National
Terror alert at a new high. Should you be worried?
Dresden skyline and river by night. Photo: DPA
Politics
What does Dresden have against Muslims?
Photo: DPA
National
What were your favourite news stories of 2014?
Gallery
Top 12 German idioms
National
Why has The Local got a new logo?
Photo: DPA
National
This German was abducted and tortured by the CIA
Culture
10 top tips for partying in Germany
Photo: DPA
Technology
What does the Chancellor see as the future of the internet?
Photo: DPA
Berlin
The Local's series on 25 years since the fall of the Berlin Wall
Photo: DPA
Business & Money
JobTalk: All you need to know about working in Germany
National
Share news tips with The Local Germany
Latest news from The Local in Austria

More news from Austria at thelocal.at

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Denmark

More news from Denmark at thelocal.dk

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

Latest news from The Local in Sweden

More news from Sweden at thelocal.se

3,448
jobs available
Toytown Germany
Germany's English-speaking crowd