The District Court of Cologne Decides about the Infringement of a Word-mark by a Chocolate Teddy Bear

In a decision of December 28, 2012 (33 O 803/11) Gold Bears, the District Court of Cologne concluded that marketing a chocolate teddy bear wrapped in gold foil infringes the renowned word-mark “Gold Bears” of the plaintiff. The decision is of importance because so far there is no Supreme Court case law regarding the infringement of a word-mark with a three-dimensional design. The District Court of Cologne sees it as a similarity, which causes the trademark violation that the trademark “Gold Bears” represents the same meaning as the three-dimensional design. A further reason is, according to the District Court, the fact that the chocolate teddy bear wrapped in gold foil has the outer form of a gummy bear for which products the trademark “Gold Bears” of the plaintiff has an outstandingly high profile.