Geography Reference
In-Depth Information
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Case C-312/98
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concerned proceedings between the Schutzverband gegen
Unwesen in der Wirtschaft eV, an association founded to combat unfair
competition ('the Schutzverband'), and Warsteiner Brauerei Haus Cramer
GmbH & Co. KG ('Warsteiner Brauerei') concerning the use by the latter of
the name 'WARSTEINER' on labels on bottles for certain types of beer which
it brewed at a brewery in Paderborn, 40 km from the town of Warstein. The
German law, the Gesetz über den Schutz von Marken und sonstigen Ken-
nzeichen (Law on Protection of Trade Marks and Other Signs, 'the Markenge-
setz') of 25 October 1994, which entered into force on 1 January 1995, PGIs of
source. Geographical indications of source were defined to mean names of
places, areas, regions or countries and other indications or signs used commer-
cially to designate the geographical provenance of goods or services. Paragraph
127 of the Markengesetz provided that:
geographical indications of source may not be used commercially for goods or services
which do not come from the place, area, region or country which they designate, if with
the use of such names, indications or signs for goods or services of other origin there is a
risk of misleading as to the geographical provenance.
Warsteiner was the owner of the trade mark 'WARSTEINER' for 'beer of
Pilsener style', registered on 24 October 1990 at the Deutsche Patentamt
(German Patents Office). It was common ground that beer brewed in Warstein
had no special characteristics attributable to that locality and that the beer
called 'Warsteiner' owed its reputation to the quality of the beer and promotion
of the 'Warsteiner' brand. In autumn 1990, Warsteiner Brauerei acquired a
brewery located in Paderborn, 40 km from Warstein, where it brewed 'Light'-
and 'Fresh'-type beers until the end of 1991. The labels on the front of the
bottles for these beers bore inter alia the name 'Warsteiner' or 'Marke War-
steiner' (Warsteiner Brand). The back labels indicated inter alia that the beers
were brewed and bottled 'in unserer neuen Paderborner Brauerei' (in our new
Paderborn Brewery). As it considered that those labels were misleading, the
Schutzverband brought an action against Warsteiner Brauerei before the
Landgericht (Regional Court), Mannheim, seeking an injunction, pursuant to
para 3 of the UWG (Gesetz gegen den unlauteren Wettbewerb - Act Against
Unfair Competition), restraining it from using 'Warsteiner' as a geographical
indication of source for beer brewed in Paderborn.
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Before the Landgericht, Mannheim, Warsteiner Brauerei argued, inter alia, that
the name 'Warsteiner' was not a reference to geographical provenance, in as
3.173
115
Schutzverband gegen Unwesen in der Wirtschaft v Warsteiner Brauerei Haus Cramer GmbH & Co. KG
[2000]
ECR I-9187.
