Designation "Chiemseer" for beer from Rosenheim?

Is the imprint "Chiemseer" on beer bottles a geographical indication of origin? Is the use of such an imprint impermissible if the beer is not brewed at Lake Chiemsee but at another location? The Higher Regional Court (OLG) of Munich had to decide this case.

A brewery company offered its beer under the designation "Chiemseer". The designation appeared both on the front and back label as well as on the beer crate.

However, the beer is actually brewed in Rosenheim, which is not located at Lake Chiemsee but more than 16 kilometres away from it.

This was objected to by the Competition Centre (Wettbewerbszentrale) due to misleading statements regarding the geographical origin, and it asserted, inter alia, a claim for injunction.

The court's decision on the "Chiemseer" beer

Withjudgment of 17.03.2016 – Az. 29 U 3187the OLG Munich confirmed the position of the Competition Centre (Wettbewerbszentrale) and prohibited the brewery company in Rosenheim from designating beer brewed there as "Chiemseer".

The court justified its decision by stating that there was a risk of misleading consumers regarding the geographical origin of the beer so designated, because it did not originate from a brewery located at Lake Chiemsee. "Chiemseer" was to be classified as a geographical indication of origin due to the fame of Lake Chiemsee. The average consumer would expect that beer so designated comes from a brewery located at this lake.

In the court's view, the additional indication "Chiemgauer Brauhaus Rosenheim" is also not suitable for dispelling a misconception. Rather, there is a risk that it would be seen merely as indicating the location at Lake Chiemsee where the beer is brewed.

For this purpose, one must assume an average German consumer, not a Bavarian consumer. One cannot presume that such a consumer knows whether Rosenheim is located at Lake Chiemsee or not.

Conclusion

The labelling of goods with information about regions must be undertaken with caution. Claims for misleading practices due to geographical indications of origin could be asserted unless exceptionally the principle of proportionality leads to a different result.