Salzburg Mozartkugel Dispute: Court Bans Holzermayr's Advertising with "Original Recipe from 1880"

Two Manufacturers, One Sweet

At its core, the question is who holds the historical authorship of the round praline made of marzipan, nougat, and pistachios under a chocolate coating. Both companies sit directly next to each other at the Alten Markt in Salzburg's old town and have been engaged in a legal battle for years that repeatedly keeps the courts busy.

For Confiserie Fürst, which since 2024 has been operating in a newly constructed production building in Elsbethen, south of the Salzburg provincial capital, with 65 employees, this involves considerably more than just an advertising line. According to its own figures, the company produces around 3.5 million Mozartkugeln per year, carried by the story of a family business in its fifth generation. Today, Martin Fürst runs the house as owner and managing director.

The history of the Mozartkugel is closely tied to his ancestor Paul Fürst, who is said to have created the praline in 1890. In May and June of this year, the court confirmed in a separate proceeding that Paul Fürst is regarded as the inventor of the Mozartkugel. In a provisional proceeding, the Salzburg Regional Court had also already decided that Fürst had received a corresponding award for the Mozartkugel.

Historical Traces in Dispute

At the same time, the court pointed out that Paul Fürst's recipe was likely passed down orally from generation to generation and was only put in writing some time after its creation. This reasoning supports Fürst's position, since a written original recipe from the founding year is naturally absent.

On the other side stands Confiserie Josef Holzermayr, whose history goes back to the business of R. Baumann. Salzburg historian Gerhard Ammerer found an advertisement from 1881 in the newspaper "Die Presse" with the wording: "Salzburger Spezialität Mozartkugeln - handgefertigt von R. Baumann, Conditor, Salzburg". Holzermayr invokes this tradition and markets its "Echte Salzburger Mozartkugel".

Production: Salzburg vs. Lower Austria

Unlike Fürst, Holzermayr does not produce in Salzburg: the "Echte Salzburger Mozartkugel" is manufactured by the Swiss chocolate group Lindt & Sprüngli in Lower Austria. Both products are packaged in silver foil with blue printing, which makes it additionally difficult for consumers to distinguish between them.

Fürst's lawyer Dieter Heine announced that he would continue to pursue his client's interests in the main hearing. The main hearing in the matter is scheduled for August. On Thursday, a further hearing will first take place, addressing the question of whether Paul Fürst received an award for his Mozartbonbon or Mozartkugel at a Paris exhibition in 1905.

Main Hearing in August

Should the court confirm this award, it would be a further historical indication of the Fürst family's authorship of the Mozartkugel. Observers expect that the years-long dispute will thereby not yet be definitively settled, but that another chapter will be added.

Regardless of the outcome of the proceedings, the trademark dispute over Salzburg's most famous sweet is likely to continue to occupy the industry. Both houses rely heavily on the tourist business in the old town, and the ruling on the advertising claim could have a signaling effect for the marketing of other regional specialties.

The decision shows how sensitively the judiciary assesses historical advertising claims in the food industry. While Fürst is allowed to position itself as the inventor, Holzermayr must first provide evidence of a recipe from the 19th century in order to continue using the designation "Original recipe from 1880".