Jägermeister
is finally defeated
SELVA NEGRA.
Jägermeister
is finally defeated
SELVA NEGRA.
from
Jägermeister had taken action against the newcomer Selva Negra for trademark infringement. After Jägermeister had already lost the first instance, the herbal liqueur giant has now also lost in the second instance. The decision is legally binding.
SELVA NEGRA vs. Jägermeister
As previously reported, Mast Jägermeister took action against the Swabian start-up Selva Negra, represented by KPW, and its packaging. Selva Negra offers an agave spirit, while Jägermeister is known to offer a herbal liqueur.
Specifically, the question was whether the Selva Negra sign reproduced below infringes the Jägermeister trademark reproduced below.
SELVA NEGRA
JÄGERMEISTER
Jägermeister asserts protection of well.-known trademark
The legal dispute centered on Jägermeister’s assertion of protection of a well-known trademark under trademark law.
- Sign similarity and mental association:
Jägermeister argued that the depiction of an animal’s head with antlers already creates a mental association with the well-known trademark.
For Selva Negra, on the other hand, we argued that despite the common element – the depiction of an animal’s head with antlers – there are significant differences in the graphic implementation. The mark Our mark captivates with an artistically alienated visual language in which additional design elements (such as a characteristic lettering and a specific color scheme) are used in addition to the unusual depiction of the animal. - Exploitation of well-known-trademark:
Another accusation made by Jägermeister was that the Selva Negra sign unfairly exploited the recognition and reputation of Jägermeister’s established trademark. We argued on behalf of Selva Negra that the Selva Negra sign functions as an independent label and that the average consumer does not automatically make a connection with the well-known trademark. The decisive factor here was the overall result of the design, which in the case of SELVA NEGRA SPIRITS GmbH warranted clear differentiation.
Jägermeister also took action against Selva Negra on the grounds of alleged likelihood of confusion and unfair competition.
OLG Hamburg decides against Jägermeister
Like the lower court, the Higher Regional Court of Hamburg (judgment of 13.02.2025 – 5 U 37/23) does not consider the Selva Negra trademark to be an infringement of trademark law or competition law.
Although Jägermeister’s deer head for “alcoholic beverages, except beers,
in particular herbal spirits” is a well-known trademark and thus enjoys the extended protection of a well-known trademark, the necessary conceptual link between the two signs is lacking in the present case. The signs are not similar.
The Hamburg Higher Regional Court judges emphasized that Jägermeister’s trademark depicts a lifelike, classically framed deer’s head – an element that has been established for decades as a concise indication of origin. In contrast, the Selva Negra trademark shows a stylized animal head reminiscent of a mythical creature. The empty eye sockets, the strong eyebrows and the ornaments on the antlers contribute to the fact that the deer’s head looks like a mythical creature. The animal depicted in the attacked sign also has a visually prominent red and green headdress. The lettering “SELVA NEGRA” is dominant and the color scheme is different. These significant differences in the visual representation are so substantial that they are sufficient to distinguish the overall impression of the two trademarks.
The motifs of a deer’s head and an existing similarity in meaning contained in each of them alone may not be granted any protection of motifs that is not covered by trademark law.
The mere coincidence of a motif based on nature
cannot therefore constitute a relevant similarity of signs.
Due to a lack of similarity between the signs, the other claims for likelihood of confusion and supplementary protection of services were also denied.
Conclusion
Even if well-known trademarks enjoy an extended protection of reputation, the decision shows that there is no general protection of motifs under trademark law.
In summary, it should be noted that the judgment of the Higher Regional Court of Hamburg took a differentiated view of the design and legal aspects of both signs. The court’s findings confirm that Selva Negra is to be regarded as an independent and innovative trademark without imitating or unfairly exploiting the well-known Jägermeister trademark. We are pleased to have successfully concluded the case with Selva Negra.
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