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Munich (dpa) - Beard, hat and sea are not exclusive features of Käpt'n Iglo: The Hamburg frozen food manufacturer Iglo failed in court with an attempt to ban the Cuxhaven-based competitor Appel Feinkost from a similar advertising figure.
The Munich district court dismissed the lawsuit on Thursday.
Iglo accuses Appel Feinkost of misleading consumers because of the likelihood of confusing the two figures.
The judges did not follow suit.
The verdict is not yet legally binding.
According to Iglo, the competition from Cuxhaven is using the awareness of the Käpt'n for its own purposes: "The advertising icon of the" Captain Iglo ", which was introduced in Germany in 1985 and has since been expanded at considerable expense, has a brand awareness of over 80 among Germans according to market research data Percent ”, it said in a statement from the Hamburg company.
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"Therefore Iglo cannot understand or accept the position taken by Appel Feinkost that it is not a matter of copying by exploiting the popularity and market success of the advertising figure and concept of" Captain Iglo "."
Appel Feinkost, on the other hand, defended itself with the argument that its own advertising character is not a sailor, but a "best ager in a noble outfit".
The judges analyzed in detail both the clothing and the maritime backdrop of the two advertising campaigns.
Accordingly, the two advertising figures are by no means identical, including headgear.
In one case it is therefore a captain's hat, in the other an Elbe pilot hat.
"The hat is also not blue, but dark gray," wrote the judges in the judgment.
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The same goes for the Appel suit, which is gray in most of the pictures and not blue.
And unlike Captain Iglo, the Appel figure does not wear a white turtleneck sweater, according to the court, “but a plaid vest with a tie and a silk scarf”.
Conclusion: According to the court, the Appel figure is not a seaman, but a "well-off man in an elegant three-piece suit".
Apart from that, the Appel packaging also says Appel Feinkost.
Accordingly, the judges do not see any risk of confusion and thus no misleading buyers of frozen fish products.
According to the judgment, Iglo also has no exclusive claims to the maritime backdrop: "The defendant advertises fish products", it says in the judgment.
"It makes sense to depict these in an advertising context with coast and sea."
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The legal dispute was fought far away from the North Sea coast in Bavaria, although Iglo could have called a north German court.
The code of civil procedure allows you to sue wherever the damage occurred in the event of unlawful acts.
In the case of products sold nationwide, there is in fact a free choice of court.
The Munich Regional Court is the second largest in Germany after Berlin and a well-known place of jurisdiction for competition law: Nine civil chambers deal with relevant lawsuits.
Even Käpt'n Iglo is not a North German: since 2018 the Italian actor Riccardo Acerbi has been promoting fish fingers, fried fish, gourmet fillets and other Iglo products.
Iglo now still has the opportunity to appeal, the next instance would be the Munich Higher Regional Court.
© dpa-infocom, dpa: 201203-99-558686 / 2