The legal dispute over a counterfeit nutcracker with a reference to the Ore Mountains has come to an end. The Federal Court of Justice (BGH) has dismissed the appeal against the Higher Regional Court (OLG) Dresden's decision not to allow an appeal, as a spokesperson announced on request (case reference: I ZR 222/24). The dispute concerned an inexpensive imported product that had been advertised online with the words "in the Ore Mountains style".
The Dresden Higher Regional Court had ruled last year that the term "in the Ore Mountains style" constituted an unlawful exploitation of the good reputation of Ore Mountain originals (case reference: 14 U 905/24). An online retailer then lodged an appeal. With the BGH ruling, the judgment is now legally binding.
"The Dresden Higher Regional Court and ultimately also the BGH have once again confirmed this: Where it says Erzgebirge on it, there must be 100 percent Erzgebirge in it - without exception," emphasized Frederic Günther from the Association of Erzgebirge Artisans and Toy Manufacturers. This ruling has created an important basis for clearly defending oneself in future cases.
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