Experts have their say

“Surf Opening” on Lake Neusiedl: dispute over name

A picture from times gone by, according to Gerhard Polak from the last "Surf Opening" and "Surf World Cup" in Podersdorf in 2016.(Bild: Martin Reiter/www.reiter-foto.co)

Opinions are divided as to what the 2025 season opening on Lake Neusiedl should be called. A former organizer believes his "trademark rights" have been infringed.

The "Surf Opening", also known as the "Surf World Cup" or "Summer Opening", has been inextricably linked to the person of Gerhard Polak since 1995. Gerhard Polak himself claims this.

Focus on trademark rights
"Now that the original 'Surf Opening' is moving away from Neusiedl, this event can no longer take place in Neusiedl am See. Although a copy could be organized, the unlawful use of the name 'Surf Opening' would lead to confusion among potential visitors," says the long-time organizer.

This is Polak's reaction to Burgenland Tourism's announcement of a surf opening in Neusiedl am See in 2025. The accusation of unlawful use of the name "Surf Opening" is incomprehensible to Tourism Managing Director Didi Tunkel.

Just a shake of the head
"We don't understand the uproar. Every event organizer is of course free to do what they want. Mr. Polak had nothing to do with the 'Surf Opening' in Neusiedl. The organizer was KGP Events with Managing Director Georg Kloibhofer. We are marketers, supporters, promoters and sponsors of the lake opening, which will take place again in Neusiedl am See in 2025," explains Tunkel.

Registration questionable
The fact is that an application to register the name "Surf Opening" as a trademark with the Austrian Patent Office was only filed a few days ago. The status: "In application".

However, trademark law experts believe there is little chance of registration, as in their opinion "Surf Opening" is "descriptive, is used hundreds of times and therefore there is a need to keep it free".

Tug-of-war over the "original"
Apart from the expert opinions, Gerhard Polak is certain: "Even if the name 'Surf Opening' is possibly not protectable - there will be a legal dispute about this - the public only knows the original. The level of awareness of a 'See Opening', on the other hand, is very low and was only successful thanks to the 'Surf Opening'."

Hoping for a cool event
In any case, fans don't want to let the dispute over the name for the start of the season on Lake Neusiedl spoil their mood: "After a long winter, which is still to come, everyone wants to enjoy a touch of summer feeling in peace again."