Firm disputes use of 'Oktoberfest'
LBM Breweries Ltd filed an application in the First Hall of the Civil Court for the issue of a warrant of prohibitory injunction against ITC Ltd. Applicant company requested the court to prohibit respondent from organising or promoting any activity...
LBM Breweries Ltd filed an application in the First Hall of the Civil Court for the issue of a warrant of prohibitory injunction against ITC Ltd.
Applicant company requested the court to prohibit respondent from organising or promoting any activity under the name of Oktoberfest.
Applicant claimed that this name was synonymous with the annual activity it organised.
The company further claimed that the use of the name Oktoberfest by respondent was clearly aimed at creating unlawful competition. However, respondent submitted that the name Oktoberfest was not synonymous with LBM, but was synonymous with every activity held in September and October, where food and beer were consumed.
The name originated in Bavaria, and was used for all these types of activities.
Respondent submitted that LBM's application deserved to be dismissed by the court.