Neuschwanstein is not a place

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Neuschwanstein is not a place

Bavaria’s king Ludwig II had the castle of Neuschwanstein building. His stone dream today attracts tourists like a magnet. If Neuschwanstein is also a place in the geographical sense, now came before the court.

Bavaria’s fantasy talented king Ludwig II would have liked that for sure: His in 19. Century built the fairy-tale castle “Neuschwanstein” can’t be viewed according to the court decision “as a geographical place”. Although the castle is of course a place, but there was none, were the judges at the EU court in Luxembourg on Tuesday.

The wording sounds mysterious. Behind hand, however, solid legal arguments. It comes to money and business interests. Because of Neuschwanstein, the castle that belongs to the free state of Bavaria and it is the same with “Neuschwanstein” as a brand. The the Bavarian government in 2011 for a whole range of Goods and services Europe-wide protection, including forks made of precious metal, clocks and watches, musical instruments, ink, garters, Board games and money transactions.

The do not want to accept the German Bundesverband Souvenir gifts, prizes (BSGE). One of the arguments of the Federation, which represents manufacturers and retailers: “Neuschwanstein” could not be a trademark because the word is descriptive of the geographical origin of the Goods and services. You want to self-market with the name “Neuschwanstein” products, but no license fees.

The judges saw it differently: The castle is not the place where certain Goods are manufactured or services to be supplied – hence, the Name is not to be understood as a designation of origin.

Because it was at Neuschwanstein to be “a fictional and original name, the call, specifically, the castle as a building”, were the judges, in force, the prohibition of the use of the name.

The BSGE has failed , as before, in front of the EU-trademark office in Alicante, Spain, is now also before the EU-court in Luxembourg. However, the Association may appeal within two months of appeals before the superior European court of justice (ECJ).

Bavaria’s Finance Minister Markus Söder (CSU), also for land development and home responsibility, the judgment with pleasure. “This brand of legal protection of the cultural heritage of Bavaria and the Wittelsbach family in front of a commercial exploitation,” he explained. “The castle of the fairytale king is one of the world’s most famous attractions and is not only for Bayern, but the whole of Germany.”

is/at (dpa)