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Böhmermann vs. Heinzig: the OLG Dresden is not a "legal humor control"

Rico Heinzig in front of the OLG Dresden (Photo: Thomas Wolf)
Rico Heinzig in front of the OLG Dresden (Photo: Thomas Wolf)

In the ongoing legal dispute between Jan Böhmermann (42) and the Saxon beekeeper Rico Heinzig (48), arguments were exchanged again today at the Dresden Higher Regional Court. This time, the focus was less on the controversial poster and more on the mention of Böhmermann's name on Heinzig's website.

While Böhmermann's lawyer, Dr. Torben Düsing (45), emphasized that his client was mainly concerned with the unwanted mention of his name on the website myhoney.com, the judge Markus Schlüter (56) could not directly see any infringement after inspecting the website. He found that the mentions of the "Böhmermann bundle" and "Böhmermann honey" on the myhoney.com website made strong reference to the content of Böhmermann's program. This would make it clear that these are not classic advertising measures. Instead, the website clearly deals with topics that Böhmermann himself addressed in his show. Böhmermann's lawyer then tried to argue with examples that the satire could be misunderstood by the "average citizen, the granny next door". However, the judge refused to take on the role of a "legal humor control".

Böhmermann's lawyer also repeatedly pointed out that Böhmermann was concerned that he did not want his advertising value to be exploited by commercial enterprises. This led to an unintentionally comical comment from the judge, who referred to Böhmermann's rather questionable advertising value in East Germany. This caused hilarity in the auditorium.

The decision of the Higher Regional Court is expected on July 18. If Böhmermann also loses this instance, everything points to a trial on the merits before the Federal Court of Justice. It remains exciting.

Rico Heinzig sticks head through cardboard wall and recommends own honey. (Image: Thomas Wolf)

The best was saved for last

The Heinzig team had set up an information stand at the exit of the OLG Dresden. Here, interested visitors could taste honey straight from the comb. The poster that was initially the subject of the dispute was also discussed. However, Böhmermann's head was replaced by a hole through which anyone could then recommend honey. Anyone who had their picture taken was given a jar of honey. Lawyer Dr. Torben Düsing was also at the stand and had a chat with Heinzig. However, he did not have his picture taken, but was still given a jar of honey.

Rico Heinzig (48) talks to Dr. Torben Düsing (45) (Image: Thomas Wolf)

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