Swiss chocolate maker Lindt & Sprüngli’s foil-wrapped chocolate bunnies deserve protection from copycat products, Switzerland’s highest court has ruled. It ordered German discounter Lidl to stop selling a similar product in Switzerland and to destroy its remaining stock.
Surveys submitted by Lindt showed Lindt’s Easter bunny was well known to the public, the Federal Court said, adding that the two products were likely to be confused even though there were some differences between them.
It overturned a Swiss commercial court’s ruling against Lindt and in favour of two Swiss units of Lidl last year and ordered Lidl to destroy its inventory of chocolate bunnies.
“Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed,” it said in a summary of its verdict.
Swiss premium chocolate maker Lindt has fought many court battles over the years to protect one of its best-selling products.
Germany’s federal court ruled last year that the gold tone of its foil-wrapped Easter bunny had trademark protection.
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Legal victory for Lindt in German chocolate bunny case
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The Federal Court of Justice delivered its verdict on Thursday in a battle between Lindt and German company Heilemann, which in 2018 also marketed a chocolate bunny in a gold foil wrap. Lindt claimed it had a trademark on the colour, acquired by use, and that Heilemann had infringed this trademark and should be prevented…
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The companies are fighting legal battles on several fronts in an effort to keep their products exclusive. This struggle is a common but unwanted side effect of success in a hyper-competitive market, according to brand consultant Peter Lux. “Brand protection is a growing activity of all companies which have, or believe they have, something to…
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If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.