Iglo sued Appel Feinkost for misleading advertising of fish products, but failed before the Munich Regional Court in 2020. On 10 February, the OLG Munich heard the case: Iglo probably failed again in the dispute over likelihood of confusion for the advertising figure Käpt’n Iglo.
At the heart of the legal dispute is the advertising concept of Apple Feinkost. It shows a gentleman with a silk scarf in a “best agers” look against a clearly maritime background.
Iglo therefore sued Appel Feinkost for imitating Käpt’n Iglo and misleading advertising for fish products, which were heard by the Munich Regional Court in 2020 – we reported.
The Munich Regional Court had dismissed Iglo’s claim: the differences between the maritime scenes and especially between the advertising figures were too clear. For example, Appel Feinkost’s advertisement shows a distinguished, well-off gentleman in an elegant three-piece suit with a silk scarf. As a consumer, one definitely does not think of a sailor like “Käpt’n Iglo”, decided the Munich Regional Court.
On 10 February 2022, this case was heard again, now before the Munich Higher Regional Court (in German: OLG München). But once again Iglo’s lawsuit failed. Iglo’s claim could be dismissed, it became known yesterday after the oral hearing before the Munich Higher Regional Court; the judgement has not yet been published (today’s status, 11 February 2022).
Advertising with “best agers” is trendy
Advertising with “best agers” is extremely popular and widespread, the Munich Regional Court had stated. The famous “Käpt’n Iglo” advertisement was therefore not to be seen as an exclusive advertising concept in this respect.
It is true that Käpt’n Iglo was introduced as an advertising figure by Iglo as early as 1985 and has proved so successful as an advertising concept that it has been continued to this day. And despite the silk scarf and a certain elegance, the Appel Feinkost advertising figure also wears an Elblotsen cap. In this respect, it is also understandable why Iglo suspects an imitation of its own advertising concept.
However, the Munich Regional Court ruled that an Elblotsen cap does not make a sailor. According to the Regional Court, such caps are worn in large numbers in northern Germany and especially at sea.
And finally, it is not a captain’s cap at all. One more reason not to assume a likelihood of confusion for Käpt’n Iglo. And that is probably what the Munich Higher Regional Court has now decided.
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