Jägermeister wins appeal in trademark infringement case

Jägermeister has won an appeal in a trademark infringement case against an Italian drinks group.

The German herbal liqueur manufacturer filed a protest with the EU Intellectual Property Office (EUIPO) against Polini Group’s rival Alten Kräuterfrau brand, arguing its design and logo were too similar.

Originally, EUIPO had ruled against the original complaint in 2022, saying that the designs were “visually and aurally dissimilar and conceptually similar to a low degree”, but this week upheld Jägermeister’s appeal.

The latest decision pointed to Jägermeister gaining “a high degree of reputation on the market in Germany for herbal spirits” since its founding in Wolfenbüttel in 1934.

The 35% abv spirit’s logo depicts the legend of St Hubertus in the form of a stag with a radiant cross between its antlers, which is said to have appeared to the hunter in the forest one day.

EUIPO’s appeal decision ruled that there is “a remote conceptual similarity” between Jägermeister and Alten Kräuterfrau’s logo, although it believes they are “visually and phonetically dissimilar” despite some resemblances in colours, gothic font and configuration.

Acknowledging Jägermeister’s historic reputation, EUIPO adjudged there was “a limited degree of conceptual similarity combined with the resemblances in the overall arrangement” that would be “sufficient to create an association between the signs when they are used on identical products that might be offered in the same section and on the same shelf next to each other”.

“Since the goods in question are identical, the image and goodwill of the earlier mark can easily be transferred to the applicant’s products,” the ruling concluded.

Mast-Jägermeister SE’s director of intellectual property, risk and insurance Nils Langemann welcomed the ruling and said: “As a brand and family business with a 90-year heritage and a distinctive iconography that dates back to our origins, we are happy to see the ruling made by the EU Intellectual Property Office in favour of our legal position.

“It is important that consumers have absolute clarity when making choices over which brands they select. This is why we continue to be committed to protect our intellectual property against any infringements and exploitation.”

Mariana Köpf, trademark attorney at European IP firm, Withers & Rogers, added: “It’s taken some time, but this is an important victory for Jägermeister, particularly as its initial attempt to block Polini Group’s trademark application was originally rejected.

“The outcome in this dispute sends a clear message to the market that Jägermeister means business and is prepared to defend its intellectual property rights wherever and whenever needed. This should deter rival drinks companies from attempting to ride on its coattails in the future.

“For other drinks businesses, the outcome in this case also underlines the valuable role that trademarks can play in protecting their position in the European and UK drinks markets at a time of intense competition.”

Polini Group has been approached for comment.