Starting Point of the Procedure
The use of short advertising slogans can have independent legal relevance in trademark law when associated with a particular company or product. Against this background, a court had to deal with the issue of whether the promotional use of the phrase “Ei, Ei, Ei” for egg liqueur could trigger trademark claims by a competitor. The following presentation is based on the report by JuraForum on the case (“Egg Liqueur Manufacturer Wins Trademark Dispute with ‘Ei, Ei, Ei’ Advertising”, available at: https://www.juraforum.de/news/eierlikoerhersteller-gewinnt-markenrechtsstreit-mit-ei-ei-ei-werbung_258852).
Subject Matter and Demands of the Parties
Disputed Advertising Phrase
The focus was on the promotion of egg liqueur using the phrase “Ei, Ei, Ei”. The disputed formulation was used in business transactions and, according to the claimant, was capable of influencing an association with a specific place of origin.
Asserted Claims
The plaintiff relied on trademark rights and derived injunction claims from them against the use of the disputed advertising statement. In contrast, the defendant disputed that the specific use met the requirements of a trademark infringement.
Court’s Assessment
Criteria: Trademark Use and Origin Function
For trademark injunction claims, it is generally decisive whether a sign is used in a trademark manner, i.e., in a way that can be understood by the relevant public as an indication of commercial origin. Pure advertising statements or descriptive indications can, however, fall outside the scope of protection if they do not have the function of an indication of origin.
Result: No Manifest Trademark Infringement
According to the judicial assessment reproduced in the source mentioned, the egg liqueur manufacturer successfully defended against the asserted claims. The disputed use of the phrase was not classified as trademark infringing, so the manufacturer won the trademark dispute.
Significance for Brand Communication
Distinction Between Slogan and Brand
The case illustrates that short, catchy phrases can be understood either as mere inducement or as an indication of origin, depending on their integration into advertising. Of paramount importance are the specific usage, design, and overall context of the communication.
Conflict Potential with Product-Related Terms
Especially for goods where the description or central features are understandably picked up in advertising text, there can be friction between trademark protection and permissible factual advertising statements. Whether a phrase serves as a basis for protection or limits protection regularly depends on the circumstances of the individual case.
Points of Reference for Companies
Trademark disputes over advertising statements often involve not only the issue of the protectability or scope of a brand but also the practical execution of campaigns in sales. Those who wish to have legal questions regarding slogans, product designations, or differentiation from third-party trademarks classified can consider individual support within the framework of aLegal Advice in IP Lawby MTR Legal Attorneys.
