No 'Hard Rock Cafe' in Heidelberg

The Hard Rock Cafe in Heidelberg, which does not belong to the well-known Hard Rock chain, is no longer permitted to be operated under its previous name. The parties have now agreed to this following a years-long legal dispute.

The unlicensed Heidelberg restaurant 'Hard Rock Cafe' was already opened in 1978. The first official Hard Rock Cafe was opened in Berlin in 1992, i.e. 14 years after the Heidelberg restaurant. The globally renowned Hard Rock group registered the typical circular logo as a trademark in Germany for clothing in 1986. The operators of the restaurant have been using the internationally known Hard Rock Cafe logo since 1978, inter alia, in menus and beverage cards as well as on glasses. Merchandise items bearing the logo were also distributed.

The Hard Rock group, which is the owner of numerous 'Hard Rock Cafe' trademarks, did not like this. The Heidelberg restaurant was sued. In 2013, the BGH (Federal Court of Justice (BGH)) decided (we reported) that the distribution of merchandise items by the operators of the Heidelberg restaurant infringed the trademark rights of the international Hard Rock Cafe chain and also violated competition law prohibition against misleading conduct. The distribution of fan items was prohibited. However, the restaurant in Heidelberg was permitted to continue using the name.

In 2015, the OLG Karlsruhe (Higher Regional Court (OLG) Karlsruhe) (judgment of 29.07.2015 – Az. 6 U 94/10 (13)) decided, inter alia, that the merchandise items, whose distribution the BGH prohibited, must be destroyed. Furthermore, the Heidelberg restaurant was ordered to pay damages for trademark infringement. The lengthy legal dispute has now been concluded by settlement.

Content of the Hard Rock Cafe Settlement

The parties agreed that the Heidelberg restaurant will be operated under the name 'Hard Rock Cafe' until the end of February 2017.

In return, the Hard Rock group is apparently waiving part of the damages.

Conclusion

Although the cafe in Heidelberg existed long before the Hard Rock group registered a trademark in Germany, it will nevertheless no longer be operated under the name 'Hard Rock Cafe'. The settlement has now concluded a years-long proceedings.