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“Organic” Mineral Water Occupies German Courts

Mirjam Liebmann


The fact that food labelled “organic” might have a positive effect on the buying patterns of quite a significant number of consumers can hardly be denied. Therefore, a German food business operator had the smart idea to sell mineral water labelled as “Bio-Mineralwasser” (organic mineral water) accompanied by a corresponding logo. The claim as well as the logo were in accordance with a set of rules about the requirements for using both the words “Bio-Mineralwasser” and the logo, which was made up by a society founded by the same witty businessman. The German Centre for Protection against Unfair Competition (Wettbewerbszentrale) took issue with this labelling practice alleging that it infringed German competition law. The parties eventually ended up in court where the Centre (“plaintiff ”) applied for an injunction concerning the use of the words “Bio-Mineralwasser” and the “Bio-Mineralwasser”- logo for mineral water. The business operator (“defendant”) applied for dismissal of the case.

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