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In the dispute over one of Germany’s most famous advertising figures, the judges of the Regional Court I of Munich, which is located some 700 kilometers from the North Sea, apparently made their way into the culture and geography of northern Germany: the Judges at the 17th Chamber of Commerce rejected a lawsuit by Hamburg frozen food manufacturer Iglo against its use. a similar advertising figure of the competitor Appel Feinkost to that of the Käpt’n Iglo with reference to the corresponding peculiarities.
Initially, the mere use of maritime motifs could not mimic an advertising concept, he said. There are also significant differences between Iglos Käpt’n and Appels Mann. One wears a captain’s hat, while the other can be seen with an Elbe pilot hat “worn in great numbers in northern Germany, by the sea.”
Well-off man with silk scarf instead of captain
In general, consumers would not even recognize the Appel man as a captain, “but as a distinguished and well-off gentleman in an elegant three-piece suit with a silk scarf,” it read. In most images, the publicity persona is not wearing a blue suit like Captain Iglo, but a gray suit, and underneath a plaid vest with a tie instead of a white turtleneck.
Furthermore, the Appel advertisement shows a well-known lighthouse in the Cuxhaven district, near which Appel has its main office, something that the Hamburg-based Iglo “naturally” does not find. Finally, the letters also allow consumers to clearly differentiate between them.
Advertising with “handsome men” cannot be prohibited.
The judges’ result: Appel Feinkost, part of the Heristo food company, did not copy Käpt’n Iglo. Advertising with “handsome men of a slightly older age” cannot be prohibited. These best agers are currently very popular and widespread, apart from fish packaging. There is no risk that buyers of frozen seafood will be misled. However, the sentence is not yet final.
In the process, fish finger maker Iglo, known to its captain, demanded that Appel Feinkost be banned from wearing a similar advertising figure with a sailor look. Appel advertises under the motto “exquisitely fine” with a hardened gentleman who, like Captain Iglo, wears a beard and a sailor’s hat. The company announced that Käpt’n Iglo is more than 80 percent familiar with Germans. He saw a case of unfair competition in the Appeal contest.
