The Hofbräuhaus belongs to Munich like the Oktoberfest. However, international guests often speak of the Hofbrauhaus. Many people don’t know the “au”. In Munich, this now ends up in front of the Kadi.
Munich/Dresden – There is a Hofbräuhaus in Munich, is the refrain of the drunken Gassenhauer, who encourages people to lift the beer mug with “oans, zwoa, gsuffa”. But discrepancies have arisen.
Because in Dresden there is now a Hofbrauhaus. This is neither a brewery nor a restaurant, just a brand, and then without the “äu”. Nevertheless, the naming disturbs the people of Munich.
The Staatliche Hofbräuhaus in Munich has unsuccessfully opposed the naming of the Dresden Hofbrauhaus for ten years. The district court in Munich I has to deal with the dispute on Tuesday. One had “long and repeatedly tried to find an amicable settlement of the conflict and submitted various settlement proposals. Unfortunately without success, ”said the Hofbräuhaus.
Great risk of confusion
“The confusion of the name is one hundred percent, especially in the international arena. We’re called the Hofbrauhaus,” explained Hofbräu spokesman Stefan Hempl. In many languages there is no “äu” – for English-speaking guests the world-famous Hofbräuhaus is a “Hofbrauhaus”. This is also the Internet address of licensed offshoots of the Munich original in the USA, for example in Las Vegas.
That’s why Hofbräu Munich, according to its own statements, also had the corresponding domain names protected with the “Hofbräuhaus” trademark. In the event of conflicts, amicable agreements were usually reached.
Nevertheless, in 2011 the food retailer John Scheller obtained the so-called word and figurative mark for “Dresdner Hofbrauhaus” from the German Patent and Trademark Office (DPMA). The word Hofbrauhaus itself cannot be secured because it is a German word, according to his company. Hofbräu München filed an objection to the trademark application with the DPMA, but without success.
Partners pay for the name
In addition to several “Hofbräu houses” based on the model of the Munich Hofbräu original – in the USA, but also in Brazil and China – franchise partners operate a dozen Hofbräu taverns in German-speaking countries: for example in Klagenfurt in Austria, in Berlin and Hamburg . And there is also a “Hofbräu zur Frauenkirche” in Dresden. But all these partners pay for the name to the brewery in Munich.
The Munich Hofbräuhaus, founded by Duke Wilhelm V, has been around since 1589. In 1879, the trademark was registered with the Imperial Patent Office. The trademark protection for the Staatliche Hofbräuhaus in Munich has now been registered with the EU Intellectual Property Authority (EUIPO) based in Alicante, Spain.
The Gräfliche Hofbrauhaus Freising, the Hofbräuhaus Traunstein, the Stuttgarter Hofbräu and the Bamberger Hofbräu have also secured rights there. But these exist peacefully next to the Hofbräuhaus Munich. “Consensual coexistence agreements have usually been concluded with other traditional breweries that, like Hofbräu Munich, can also look back on a long history and beer tradition,” says Munich.
Well uncovered again
The grocer Scheller, on the other hand, initially had nothing to do with a brewery. But one of his four shops in the Dresden area is right on top of the fountain of the Dresden brewery “Hofbrauhaus Aktienbrauerei und Malzfabrik zu Dresden”, which was built in 1872. The “Hofbrauhaus Aktienbrauerei und Malzfabrik zu Dresden” stopped production around 100 years ago. Then there was no more beer – until Scheller revived the name.
Scheller had the fountain uncovered, which customers can now see through a glass plate. He secured the name, had his own beer brewed and now sells it in grocery stores. It’s about reviving the tradition – and not about establishing a competing brand, Scheller emphasized before the trial. He refers to the historical names and facts that are only of regional importance.
Since the Hofbräuhaus’s objection to the Hofbrauhaus’s trademark application was unsuccessful, the Munich-based company is now demanding that the Dresden trademark be deleted by means of a civil lawsuit. “We have to defend our brand,” says Hempl. “If we don’t do that, we forfeit our trademark protection.”
Scheller, on the other hand, saw no collision. “I’m optimistic about the process. We are not free riders, but relate to a piece of Dresden history. It’s all about preserving it and not waging a power struggle.” dpa
