Court injunction restricts 'original' claims for Mozartkugeln

The long-standing dispute over the "Mozartkugel" has taken a new turn with a Salzburg court issuing a preliminary injunction against the traditional confectionery, Café-Konditorei Fürst. The court has prohibited Fürst from creating the impression that only its own Mozartkugeln can be designated as "original."

Fürst bases its claim on the invention by Salzburg confectioner Paul Fürst in 1890 and continues to produce the sweets according to the original recipe, actively marketing them as the sole "Original Mozartkugeln." Competitors' products have previously been marketed as "Mozartkugeln" or "Echte Salzburger Mozartkugeln" but without the "Original" designation.

“

The court qualifies this as anti-competitive misrepresentation under the Law Against Unfair Competition.

Clemens Thiele, the lawyer for competitor Confiserie Josef Holzermayr, which obtained the injunction, stated that Fürst's interpretation of a 1996 Supreme Court decision, granting them exclusive rights, is incorrect. "The court qualifies this as anti-competitive misrepresentation under the Law Against Unfair Competition," Thiele explained. The court's ruling indicates that the 1996 decision allows any Mozartkugel producer to label their product as "genuine" or "original" if it resembles an earlier Mozartkugel in structure and form, thereby refuting any monopoly on the term "Original Mozartkugel."

The conflict escalated following a "Presse" newspaper report that uncovered an 1881 advertisement for "Salzburger Spezialität Mozartkugeln – handgefertigt von R. Baumann, Conditor, Salzburg." This business was the precursor to the current Confiserie Holzermayr. Holzermayr initially advertised its product as "Nach dem Originalrezept von 1880" (According to the Original Recipe from 1880), prompting Fürst to secure an injunction in January 2026, arguing that the original 1880 recipe had not been presented. Holzermayr subsequently modified its slogan to "nach der Tradition von 1880" (following the tradition of 1880). The main legal proceedings are still ongoing, and the final outcome will determine future naming conventions for Mozartkugeln.

“

The court's decision holds that every Mozartkugel producer may call their product "genuine" and/or "original" if it resembles an older Mozartkugel in structure and form. By no means was a monopoly on the designation 'Original Mozartkugel' established.