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Published: April 14, 2021
Verifier
The Federal Supreme Court of Germany (BGH) has ruled that
Schwarzwälder Schinken (Black Forest ham) may be sliced and packaged outside the Black Forest, a region in southwestern Germany, without losing the right to use the protected geographical indication (PGI) for that product (judgment of September 9, 2020, case number I ZB 72/19; the full decision was published in February 2021).
The long-standing dispute concerning the product packaging started in 2005 when the Association of Black Forest Ham Producers sought to place the product under stronger protection. Given increasing demand for sliced versions of the product, the association applied for altered specifications of the PGI that required commercial slicing and packaging to take place in the region of the Black Forest. Several producers raised objections, including a producer that sliced and packed its ham outside the Black Forest in Lower Saxo
Jana Bogatz
IP practitioners around the world have been following the many legal questions around Easter bunnies – ranging from the manifold aspects of 3D trademark protection and enforcement to the latest dispute over an alleged monopoly for the colour gold in relation to Lindt chocolate bunnies (the latter currently pending before the German Federal Supreme Court).
With Easter around the corner, we take a closer look at how the unconventional background of the Easter bunny has led to the latest chapter in the gold bunny saga.
The origins of the Easter bunny
While the exact origins of the Easter bunny are generally unknown, there may be some German connection. In a custom first mentioned in 1682, each Easter the imaginary rabbit lays and decorates eggs, before hiding them with sweets in the garden for children to find. Thus, the Easter Bunny has a similar role to Santa Claus, as both characters judge whether children have behaved
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