Das Konzept der Emotion lässt den BGH kalt

BGH, judgement of 7 December 2023, I ZR 126/22

The idea of labelling your product with an ‘emotional catchphrase’ is not subject to imitation protection under competition law.

That's what the judges say:

A jam manufacturer labelled its jam jars with the words ‘GLÜCK’. A competitor countered with ‘LieBee’ for its honey. The BGH rejected the attempt to prevent the competitor from using an equally emotional label. It is true that Section 4 No. 3 UWG provides protection against imitation. However, this is limited to the competitive character. According to the judges, however, this is only protected in its specific form. The ‘underlying abstract idea’ is not protected. The idea of happiness on the jam jar is a good one. However, there is no protection if competitors modify a good idea.