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18
April, 2025

DUBAI Chocolate

Legal development of German trademark law ?

What is Dubai chocolate and how did the hype start?

Dubai chocolate is a sweet consisting of a milk chocolate shell filled with a mixture of pistachio cream and kadaifi - also known as angel hair. This combination gives the chocolate a special texture and a characteristic taste.

The hype began in December 2023 when food influencer Maria Vehera published a TikTok video in which she tasted this chocolate. The video went viral and achieved over 100 million views. As a result, demand skyrocketed and the chocolate became a sought-after trend product. It was shared millions of times, particularly on platforms such as TikTok and Instagram.

The brand that originally triggered this hype is Fix Dessert Chocolatier from Dubai. The founder, Sarah Hamouda, developed the first version of this chocolate in 2021 during her pregnancy under the name Can't Get Knafeh of It. Initially, it was only sold locally via delivery services such as Deliveroo. The viral TikTok video eventually brought the product to international attention.

Quality and food standards

As its popularity grew, so did the number of imitation products - often from Turkey or Eastern Europe - which led to considerable differences in quality. While some copies use inferior ingredients such as palm oil instead of cocoa butter, the original product from Dubai remains a handmade premium chocolate.

The Fex brand acts as the European importer of Fix Dessert Chocolatier's original Dubai chocolate. Fex emphasizes that all products are produced under government supervision in Dubai in accordance with the HACCP-certified food safety management system. In addition, they have been tested by the independent SGS Institut Fresenius in Germany and rated as flawless.

There are many imitations, and not just of these brands. Consumer advocates warn against untested imitations: In several cases, mold toxins, fat pollutants or falsely declared ingredients have been found in such products. It is recommended to pay attention to the origin, certifications and retailer transparency when buying.

What is the legal issue?

The high demand and limited availability lead to "astronomical" prices: A bar costs between 15 and 30 euros. The reasons for this are the elaborate hand production, high-quality ingredients and the costly air import from Dubai.

At the same time, the name "Dubai chocolate" is causing legal disputes. Several companies sell products under this name that were not manufactured in Dubai. This was seen in some cases as a misleading indication of geographical origin and led to several court cases.

What is the legal situation?

Courts in Germany have a mixed opinion on the use of the term "Dubai chocolate":

  • Bochum Regional Court & Cologne Regional Court (sales ban): These courts consider the name to be an indication of geographical origin. If the chocolate is not produced in Dubai, this could mislead consumers. The packaging design - such as the depiction of Dubai's skyline - also played a role in the assessment as misleading.
  • Regional Court of Frankfurt am Main (no sales ban): Here, "Dubai" was interpreted as a descriptive term and not as an indication of origin. The fact that the actual origin of the chocolate was clearly stated on the packaging was also decisive.

The Dubai chocolate trend shows how quickly a food product can become popular worldwide through social media. At the same time, the case makes it clear how important legal clarity is when it comes to geographical indications of origin. Legal pitfalls lurk not only in naming and branding, but also in labeling and, of course, food law requirements must be observed.

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Dr. Julian Oberndörfer
Lawyer
EMOJIS in legal transactions emoji and justitia EMOJIS in legal transactions emoji and justitia

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