Imported nutcracker: Origin of handicrafts is protected

Anyone selling nutcrackers from abroad is prohibited from advertising them with the slogan "Ore Mountains style." This constitutes an impermissible exploitation of the good reputation of the originals, the Federal Court of Justice has ruled.

Nutcrackers that have been imported may not be labeled "im Erzgebirge style". In this way, the dealers took advantage of the good reputation of the originals, the Federal Court of Justice (BGH) clarified. confirmed This is a ruling by the Higher Regional Court (OLG) in Dresden, as reported by beck.de.

The case

The seller had advertised a cheap imported product online with the label "in Erzgebirge style." The Dresden Higher Regional Court ruled in 2024 that the designation "in Erzgebirge style" unauthorized the good Reputation the Ore Mountains exploits originals.

Die Entscheidung

The online retailer wanted to appeal to the Federal Court of Justice (BGH). However, the Higher Regional Court (OLG) denied the appeal. The highest federal judges have now dismissed the retailer's appeal against the OLG's decision. The Dresden ruling is thus legally binding.

"The Higher Regional Court of Dresden and ultimately also the Federal Court of Justice have confirmed again: Where Erzgebirge it says must also be 100% Erzgebirge inside be – without exception," beck.de quotes Frederic Günther from Association of Erzgebirge artisans and toy manufacturersThis judgment provides an important basis for clarifying the situation in future cases. fight back

Better protection for regional craftsmanship

The handicrafts from the Ore Mountains were added to the national list of the Intangible cultural heritage This gave the tradition special recognition.

traditional handicraft products, such as Black Forest cuckoo clocks, Erzgebirge candle arches and Solingen knives have a long tradition in the affected regions and are manufactured to a high quality according to centuries-old craftsmanship. Registration should be lighter and a EU-wide protection possible: This is what a Bill which the Federal Cabinet adopted on 30 July 2025. It implements the EU requirements of the CIGIs, craft and industrial geographical indications into national law. 

Federal Court of Justice, decision of 19 September 2025, Ref. I ZR 222/24

Source: beck.de

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