28 December, 2006

Italy: Dutch Beer cannot be called ‘Bavaria’ in Italy

The Bavarian brewery association, the Bayerische Brauerbund, has been able to assert itself in a trademark dispute in Italy against the Bavaria Brewery from the Netherlands, according to Markenbusinees, December 27.

The Bavarian brewery association, the Bayerische Brauerbund, has been able to assert itself in a trademark dispute in Italy against the Bavaria Brewery from the Netherlands. A court in Turin allowed a complaint from the association which declared the use of the brand name ‘Bavaria’ for Dutch beer to be impermissible.

The leading association of the Bavarian brewing industry was of the opinion that the use of the designation ‘Bavaria’ as a brand of beer could give rise to the impression that a beer so designated actually came from Bavaria itself. Consumers would therefore be deceived by virtue of the actual Dutch origin of the beer.

The Bayerische Brauerband have been applying themselves to the case over the last year. They have also been pursuing two trademark deletion suits in Germany which have been successful in a couple of hearings. At the moment, the case is in the hands of the Federal Court.

According to reports from the news agency ddp, the Brauerbund consider the judgment to be an ‘important milestone’. The Italian export market is the most important one for Bavarian beer. Admittedly the victory for the Association was only achieved in a lower court and it can be assumed that the Bavaria Brewery will lodge an appeal.

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