“In court and on the high seas you are in God’s hands,” it says.
“Captain Iglo” is threatened with the second defeat in court in a long-standing legal dispute over the uniqueness of the well-known advertising character. The Higher Regional Court in Munich indicated during the oral hearing on Thursday that the fish finger manufacturer’s lawsuit against a similar advertising figure from Cuxhaven’s competitor Appel Feinkost could be dismissed. The 29th Senate of the Higher Regional Court wanted to announce a decision in the afternoon.
Iglo sees a risk of confusion for consumers, since Appel also advertises its fish products with a bearded gentleman in front of a maritime backdrop.
However, the Senate does not consider the risk of confusion to be excessive – partly because the Apple logo is clearly visible on the Apple products. The presiding judge Andreas Müller made that clear during the hearing. “According to our preliminary view, a deception about the company’s origin is ruled out.”
Iglo had already lost in the first instance in December 2020 before the Munich district court and then appealed. Although Munich is far from the North Sea coast, the courts of the Bavarian state capital are known among lawyers for their expertise in competition law.