Imitation marketing - sweet danger of confusion

Supreme court decides on dispute about Mozartkugel

The „Salzburger Mozartkugel“ (a sweet made of marzipan, nougat and chocolate) is well known by tourists and Austrians. The Supreme Court of Austria now had to look into this sweet subject.

The pastry shop Fürst in Salzburger is the manufacturer of the original Mozartkugel, packaged in silver-blue tin foil. It sued a seller of Mozartkugel which were not produced in Salzburg, but the package of it appeared confusingly similar to the above mentioned original. The Supreme Court decided that this type of imitation marketing was not allowed because of the given danger of confusion for the average consumer.

Decision of the Supreme Court