Fuck (liquor)

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Fuck
owner EFAG GmbH & Co. KG
Introductory year 2007
Products Alcoholic beverages (especially liqueurs ), clothing , mineral water , fruit juice beverages
Markets GermanyGermany Germany
Website www.partyschnaps.com

Ficken is a liqueur that has been produced since 2007 and is the core brand of the Upper Swabian company EFAG GmbH & Co. KG in Laupheim in the Biberach district in Baden-Württemberg .

history

The liqueur was introduced in 2007. A year later, the Central Association of the German Advertising Industry reprimanded the manufacturer for advertising that was harmful to young people . He is expressly called " party liquor advertised" consists of water, neutral alcohol , invert sugar , Jostabeere -Grundstoff and citric acid . The liqueur coincides with an alcohol content of 15  % vol. Still below the EU spirits regulation that at least 15% alcohol and liqueurs in addition at least 100 grams of sugar per liter dictates, so for the product while on spirits , but not alcopops tax to is paid. The josta berry is a cross between black currant and gooseberry .

Dispute about registration as a trademark

Liquor Fuck (2012)

Initially, the German Patent and Trademark Office (DPMA) refused to register both the word mark and the figurative mark on the grounds that the name Ficken was against morality . Therefore, the company turned to the Federal Patent Court , which was the competent appeal authority and granted both appeals on August 3, 2011 and September 28, 2011 respectively, and overturned the rejection decisions of the German Patent and Trademark Office. Since then, the brands are trademark register of the DPMA entered. They extend, among other things, to clothing, mineral water and fruit juice beverages as well as alcoholic beverages; The manufacturer also sells numerous merchandising articles under the brand.

The Federal Patent Court justified its decision with the progressive liberalization of custom and morality. So the word fuck would have an entry in the Duden and would appear 67 times in the phone book as a surname. The films Fickende Fisch and Baise-moi (Fuck me!) As well as the play Mesalliance, but we fuck each other splendidly , were named in the judgment. In addition, the trademark registration process does not include any moral or taste test. Access to the public register should only be denied to grossly offensive and discriminatory trademark applications.

Protection of minors

In the run-up to the nationwide competition for firefighters in 2010 in Bruchköbel - Roßdorf on September 4, 2010, the German Fire Brigade Association threatened to delete Bruchköbel as a competition location because a Halli Galli bastard package with ten small fucking bottles as an accessory to the group was online -Entrance to a flash-over party was offered by the Roßdorf volunteer fire department. By the time the offer was deactivated, 22 of them had been sold.

As a non-member of the Federal Association of the German Spirits Industry and Importers , the company is not subject to the self-restrictions of the German alcohol industry, which are intended to prevent advertising measures aimed at young people. However, the advertising of innkeepers can be subject to the protection of minors. A clerk's office in Treptow-Koepenick ( Berlin ) has in 2012 poster advertising with the text "Sex is beautiful" prohibited.

Web links

Individual evidence

  1. Offensive name - advertising advisory board reprimands manufacturers of liqueur Ficken . In: Der Spiegel , November 4, 2008, accessed January 26, 2012.
  2. Central Association of the German Advertising Industry: Alcohol advertising that is harmful to young people: Werberat reprimands manufacturers of “party liqueurs” from 2008, accessed on January 28, 2012
  3. ^ Deutscher Werberat: Alcohol advertising harmful to young people - Werberat reprimands manufacturers of "party liquor" ( Memento from November 6, 2010 in the Internet Archive ) 2008, accessed on October 31, 2012
  4. Manufacturer information , accessed on April 17, 2014.
  5. Spirits Regulation EC No. 110/2008 (PDF) , Appendix II No. 32.
  6. Federal Patent Court in the case of trademark registration 30 2009 018 699.5 - word mark Ficken (PDF; 46 kB)
  7. ^ Word and figurative trademarks of EFAG GmbH & Co. KG at the German Patent and Trademark Office : Register number: 302008053695 , Register number: 302009018699 ; Status of the register information: December 19, 2015.
  8. Curious schnapps judgment: "Fucking" is now allowed . In: Berliner Kurier , September 14, 2011, accessed on January 27, 2012.
  9. Patent dispute Beverage manufacturer protects "Ficken" as a brand . In: Der Spiegel , September 13, 2009, accessed January 28, 2012.
  10. Curious brand names: Wonderful, such a fire in the Reichstag! Bottom up! ( Memento from December 29, 2011 in the Internet Archive ) news.de, October 23, 2011, accessed on February 1, 2012.
  11. BPatG: FICKEN is socially acceptable - brands for clothing and drinks are not immoral . kpw-law.de.de, September 14, 2011, accessed on November 25, 2018.
  12. "Fucking" with the fire department . In: Frankfurter Rundschau , August 2, 2010, accessed on August 31, 2012.
  13. https://www.fr.de/rhein-main/main-kinzig-kreis/ficken-feuerwehr-11455852.html
  14. Members of the BSI , accessed on April 17, 2014.
  15. Party schnapps met with resistance in the capital . In: Schwäbische Zeitung , January 24, 2012, accessed on January 26, 2012.