Hofbrauhaus or Hofbräuhaus – same difference? Not if you’re a brewer in Munich, the world capital of brauhaus-styled beer halls where the Hofbräuhaus serves its famous Hofbraü brews and pork meals.
The owners of this Munich tourist landmark are at war with the Dresden Hofbrauhaus, a similar beer hall in the eastern German city of Dresden, a few hours north of Munich.
In a dispute that recalls the Charles Dickens’ endless legal proceedings Jarndyce v Jarndyce in Bleak House, the Hofbräuhaus v Hofbrauhaus row has dragged on for more than a decade.
Both brewery names are variations on the same theme: “courtyard brew-house”, and yet never the twain shall meet: Munich’s Hofbräuhaus refuses to allow Dresden’s Hofbrauhaus to continue naming itself as such.
The problem all comes down to the lack of the German ä umlaut character in the English language. Brauhaus (pronounced “brow-house”) is different to Bräuhaus (pronounced “broy-house”), but few English speaking visitors know the difference.
That’s why Munich’s Hofbräuhaus markets itself internationally as Hofbrauhaus.
The Internet also doesn’t make things easier. The lack of ä characters in domain names means the web address of licensed offshoots of the Munich original in the United States, for example in Las Vegas, are all “Hofbrauhaus”.
As a result, the world-famous Munich Hofbräuhaus, typically known abroad a “Hofbrauhaus”, is worried its Dresden counterpart is stealing its hard-earned fame with a name it has established internationally.
The Munich State Hofbräuhaus has been opposing the naming of the Dresden Hofbrauhaus for 10 years, so far unsuccessfully.
“The confusion of the name is 100% certain, especially internationally. That’s where we are called Hofbrauhaus,” says Hofbräu spokesman Stefan Hempl.
More than half of Hofbräu beers are exported to some 40 countries and Hempl says there are almost a dozen Hofbräuhaus franchises worldwide, including in Brazil and China as well as the US.
North America is also one of the strongest markets for the export of the beer.
While internationally, Hofbräu stands for the one renowned Munich brewery, at home the word simply means “courtyard brew.”
There are a good dozen Hofbräu pubs in German-speaking countries, for example in the Austrian city of Klagenfurt, as well as in Berlin, Hamburg – and also in Dresden.
But these also pay the brewery in Munich for the right to use its esteemed name.
The Munich Hofbräuhaus, founded by Duke Wilhelm V, has been around since 1589. In 1879, the trademark was registered with the patent office of the German Kaiser.
Since then, trademark protection for the State Hofbräuhaus in Munich has been registered with the EU Intellectual Property Office (EUIPO) based in Alicante, Spain.
Others including the Gräfliches Hofbrauhaus Freising, the Hofbräuhaus Traunstein, the Stuttgarter Hofbräu and the Bamberger Hofbräu have also secured rights there. But they coexist peacefully with Hofbräuhaus München.
“Co-existence agreements have generally been reached amicably with other traditional breweries which, like Hofbräu München, can also refer to a long history and beer tradition,” they say in Munich.
John Scheller of the new Hofbrauhaus Dresden, on the other hand, obtained the trademark for “Dresdner Hofbrauhaus” from the German Patent and Trademark Office in 2011.
The word Hofbrauhaus in itself cannot be secured because it is a German word, his company argues.
The brew-house also happens to stand precisely on the site of Dresden brewery “Hofbrauhaus Aktienbrauerei und Malzfabrik zu Dresden”, founded in 1872.
Scheller had an old fountain from the brewery uncovered, now visible to customers through a glass panel. Scheller says his aim is to revive tradition – and not to establish a competing brand.
He refers to the historical name and facts that are only regionally significant.
The “Hofbrauhaus Aktienbrauerei und Malzfabrik zu Dresden” had stopped production about 100 years ago. Then the beer no longer existed – until Scheller founded the new brewery.
But ever since then, the legal dispute has been dragging on.
The Munich Hofbräuhaus’ objection to the Hofbrauhaus trademark application has not yet come to a conclusion, says Hempl.
“No agreement has been reached over the years.”
In Feb 2022, the Munich-based brewers turned to a civil lawsuit to demand an end of Dresden’s trademark.
“We have to defend our trademark,” says Hempl. “If we don’t do that, we forfeit our trademark protection.”
Scheller, on the other hand, sees no cause for concern.
“I am optimistic. We are not freeloaders, but building on a piece of Dresden’s history. Our only concern is to preserve it and not to engage in a power struggle.” – dpa
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