• Germany's news in English

Dairy dessert duel enters second round

The Local · 26 Jun 2012, 15:51

Published: 26 Jun 2012 15:51 GMT+02:00

Facebook Twitter Google+ reddit

Family-owned food emporium Dr Oetker has already lost once in its fight against discount supermarket chain Aldi over their respective desserts.

This week a judge in Düsseldorf’s appeal court said the packaging was different enough for Aldi to continue selling its Flecki dessert across Europe.

But he left open the possibility of a German ban as it may be profiting from the extensive promotion of Dr Oetker’s Paula dessert.

Paula is sold in a pot bearing a brown and yellow speckled cow with a massive tongue. The chocolate dairy desert with vanilla flecks was introduced to Germany seven years ago and now accounts for more than 10 percent of children's pre-packaged dessert sales.

Aldi’s Flecki package features a much more banal bovine with a flower in its mouth.

Dr Oetker says Flecki violates Paula's European-registered design and profits from the millions spent on promoting Paula.

Even though Aldi is using a different name and different packaging, "a relevant number of consumers" will think, due to the similarities of the products; that Aldi is offering Paula for a lower price, the Dr Oetker lawyer argued.

Aldi rejects the claims, saying it has done all that it could possibly do to avoid a confusion of the two puddings.

Claiming that Flecki is ruining Paula's reputation or making consumers confused about the pudding is ridiculous, he said.

"You can't impress people with pudding," the lawyer said. "It's not an image product."

The Düsseldorf judge said any ban of Flecki from German shelves would come down to whether Aldi has violated unfair competition laws, for example by illegally profiting from Paula's reputation.

Story continues below…

"That's the decisive point, the judge said, adding that, "The decision is not easy."

The Local/mw

The Local (news@thelocal.de)

Facebook Twitter Google+ reddit

Your comments about this article

19:53 June 26, 2012 by Craptastic
"Dairy Dessert DUAL" Did you mean "duel" as in fight? I'm not sure...
Today's headlines
Long-vanished German car brand joins electric race
Photo: DPA

Cars bearing the stamp of once-defunct manufacturer Borgward will once again roll off an assembly line in north Germany from 2018, the firm said Wednesday.

Eurowings cabin crew union to strike all day Thursday
Photo: DPA.

UPDATE: A union representing cabin crews on Lufthansa's budget airline Eurowings has announced that strikes will last all day Thursday as ongoing contract negotiations continue to falter.

Hesse hopes to set example by building Iraqi orphanages
Refugee children in northern Iraq. Photo: DPA

The wealthy central German state of Hesse has set aside €1 million to build a school, family homes and an orphanage in northern Iraq, in an effort to help refugees there.

The Local List
10 German clichés that foreigners get very wrong
David Hasselhoff. Photo: DPA

Whether it be efficiency, humourlessness or a love of a certain Baywatch star, there are many cliches stuck in the heads of foreigners about Germany. But how true are they?

Fake Germanwings victim relative convicted in Cologne
A torn piece of metal at the crash site in 2015. Photo: DPA

A German court on Wednesday gave a woman a year's suspended jail sentence for posing as the cousin of a victim in last year's Germanwings plane crash and obtaining compensation offered by the airline.

Couple accused of torturing, murdering women go on trial
The so-called 'house of horrors' in Höxter where the couple allegedly tortured and killed women. Photo: DPA.

A couple accused of luring women to their village home with personal ads started trial on Wednesday over charges that they tortured and killed at least two of their victims.

After July attacks, govt drafts new video surveillance law
Photo: DPA

The Interior Ministry is drafting a law which will enable public spaces to be filmed for surveillance purposes as a reaction to deadly attacks in July, according to a newspaper report.

Merkel: murky internet giants distort perception of reality
Angela Merkel. Photo: DPA.

Chancellor Angela Merkel called on Tuesday for internet giants to make public their closely-guarded algorithms, claiming that they are not giving people diverse enough information.

Pegida leader 'paid court costs with group's money'
Pegida leader Lutz Bachmann. Photo: DPA.

The leader of the anti-Islam movement reportedly used money from Pegida's coffers to pay for two personal court cases, German media reported this week.

Anger as Berlin scraps Turkey concert on Armenia genocide
The Dresden Symphony Orchestra. Photo: DPA

Germany's foreign ministry Tuesday scrapped a planned symphony performance on the Armenian "genocide" in its Istanbul consulate, sparking accusations that it was caving in to Turkish pressure.

10 ways German completely messes up your English
Sponsored Article
Last chance to vote absentee in the US elections
Germany's 10 most weird and wonderful landmarks
10 things you never knew about socialist East Germany
How Germans fell in love with America's favourite squash
How I ditched London for Berlin and became a published author
12 clever German idioms that'll make you sound like a pro
23 fascinating facts you never knew about Berlin
9 unmissable events to check out in Germany this October
10 things you never knew about German reunification
10 things you're sure to notice after an Oktoberfest visit
Germany's 10 most Instagram-able places
15 pics that prove Germany is absolutely enchanting in autumn
10 German films you have to watch before you die
6 things about Munich that’ll stay with you forever
10 pieces of German slang you'll never learn in class
Ouch! Naked swimmer hospitalized after angler hooks his penis
Six reasons why Berlin is now known as 'the failed city'
15 tell-tale signs you’ll never quite master German
7 American habits that make Germans very, very uncomfortable
Story of a fugitive cow who outwitted police for weeks before capture
Eleven famous Germans with surnames that'll make your sides split
jobs available
Toytown Germany
Germany's English-speaking crowd