, AND THE SCHUTZVERBAND DEUTSCHER WEIN EV , AN ASSOCIATION FOR THE PROTECTION OF GERMAN WINES .
3 WEIGAND TRADES IN QUALITY WINES PRODUCED IN SPECIFIED REGIONS ( QUALITY WINES PSR ) UNDER , AMONGST OTHERS , THE DESCRIPTIONS ' ' KLOSTERDOKTOR ' ' AND ' ' SCHLOSSDOKTOR ' ' . BOTH DESCRIPTIONS HAVE BEEN REGISTERED AS TRADE-MARKS IN GERMANY SINCE 1930 .
4 WEIGAND USES THE ABOVE-MENTIONED DESCRIPTIONS ON ITS LABELS AND IN ITS ADVERTISING MATERIAL TOGETHER WITH AN INDICATION OF THE PLACE OF ORIGIN AND QUALITY , AS FOR EXAMPLE ' ' BEREICH ( DISTRICT OF ) BINGEN-RHEINHESSEN , QUALITATSWEIN MIT PRADIKAT ' ' ( ' ' SPATLESE ' ' , ' ' AUSLESE ' ' ), ' ' BEREICH MITTELHARDT - DEUTSCHE WEINSTRASSE UND RHEINLAND-PFALZ , QUALITATSWEIN ' ' . THE LABELS ALSO BEAR AN ILLUSTRATION OF A MONK DRINKING WINE ( ' ' KLOSTERDOKTOR ' ' ) OR THE PICTURE OF A ' ' SCHLOSSDOKTOR ' ' IN PERIOD DRESS , SOMETIMES ACCOMPANIED BY THE TEXT OF A DRINKING SONG .
5 THE SCHUTZVERBAND DEUTSCHER WEIN , AN ORGANIZATION CONCERNED WITH THE OBSERVANCE OF FAIR COMPETITION , INSTITUTED PROCEEDINGS AGAINST WEIGAND BEFORE THE LANDGERICHT ( REGIONAL COURT ) MANNHEIM . IT CONTENDED THAT THE DESCRIPTIONS IN QUESTION WERE MISLEADING WITHIN THE MEANING OF BOTH THE GERMAN ' ' WEINGESETZ ' ' ( LAW ON WINE ) AND THE ' ' GESETZ GEGEN DEN UNLAUTEREN WETTBEWERB ' ' ( LAW ON UNFAIR COMPETITION ), HEREINAFTER REFERRED TO AS ' ' THE UWG ' ' , BECAUSE THEY CREATE THE IMPRESSION THAT THEY REFER TO A ' ' SMALL LOCALITY ' ' ( ' ' LAGE ' ' ). ACCORDING TO THE SCHUTZVERBAND , THE NAMES ' ' KLOSTERDOKTOR ' ' AND ' ' SCHLOSSDOKTOR ' ' CALL TO MIND THE DESIGNATION ' ' DOKTOR ' ' WHICH IS KNOWN AS THE NAME OF A SMALL LOCALITY AND WHICH OCCURS QUITE COMMONLY IN GERMAN WINE-PRODUCING REGIONS . WHILST THEY REFER TO BUILDINGS , THE WORDS ' ' SCHLOSS ' ' AND ' ' KLOSTER ' ' ALSO CONSTITUTE GEOGRAPHICAL REFERENCES BECAUSE THEY ARE NAMES OF SMALL LOCALITIES OR BECAUSE THEY APPEAR IN THE NAMES OF MANY SUCH LOCALITIES . THUS DECEPTION IS BEING PRACTISED AS TO THE GEOGRAPHICAL ORIGIN OF THE WINE .
6 ARTICLE 3 OF THE UWG PROVIDES INTER ALIA THAT WHOSOEVER SHALL , IN THE COURSE OF TRADE , FOR REASONS OF COMPETITION , GIVE MISLEADING INFORMATION IN PARTICULAR AS TO THE QUALITY , ORIGIN OR METHOD OF PRODUCTION OF GOODS MAY BE REQUIRED TO TERMINATE THE USE OF SUCH INFORMATION .
7 THE PROCEEDINGS WERE DISMISSED BY THE LANDGERICHT MANNHEIM BUT AN APPEAL WAS ALLOWED BY THE OBERLANDESGERICHT ( HIGHER REGIONAL COURT ) KARLSRUHE WHICH ORDERED WEIGAND TO CEASE MARKETING OR ADVERTISING IN ANY FORM WHATEVER WINE BEARING THE DESCRIPTIONS ' ' KLOSTERDOKTOR ' ' OR ' ' SCHLOSSDOKTOR ' ' .
8 ACCORDING TO THE ORDER MAKING THE REFERENCE , THE BUNDESGERICHTSHOF CONSIDERS