Legal victory for Lindt in German chocolate bunny case
Lying in wait for impersonators: Lindt's Gold Bunny
Keystone / Angelika Warmuth
A German court has ruled that the golden colour of the foil wrap on Swiss firm Lindt & Sprüngli’s popular chocolate Easter Bunny enjoys protected status.
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 from selling its product.
A state court in Munich ruled against Lindt last year. But the federal court found the Swiss company had proven that the gold of its bunny had acquired trademark status by reputation, citing a survey presented by the manufacturer showing 70% of respondents associated the hue with the Lindt product.
The court said it didn’t matter that Lindt didn’t use the gold colour for all or even most of its products, or that its bunny has other distinguishing features, such as a red collar.
More
More
The pioneers of Switzerland’s ‘Chocolate Revolution’
This content was published on
How did a country without a single homegrown cocoa bean become one of the world’s leading chocolate manufacturers?
That said, enjoying trademark status by reputation is not everything: in order to determine if another company has infringed the protected status, the relevant question is whether buyers could be confused by the similarity. This is something that is also determined by shape and other features, the court said.
Federal judges thus sent the case back to Munich, where a court will determine whether Heilemann actually infringed on Lindt’s trademark by producing a confusingly similar bunny.
Lindt has sold its Gold Bunny in Germany since 1952, and the product has had its current gold shade since 1994. It is by some distance the best-selling chocolate Easter bunny in Germany, with a market share of over 40% in 2017, according to the court.
Lindt has for decades been trying to protect the market position and status of its gold bunny, with varying success: while it enjoys trademark status in some European countries like Austria (where it successfully challenged a rival bunny in 2011), its attempt to get the status at the EU level was rejected in 2012. The following year it lost a similar case it had fought against German brand Confiserie Riegeln since 2000.
More
More
Market leaders battle to protect brands
This content was published on
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…
As a Swiss Abroad, how do you feel about the emergence of more conservative family policies in some US states?
In recent years several US states have adopted more conservative policies on family issues, abortion and education. As a Swiss citizen living there, how do you view this development?
Addictions cause billions in damage in Switzerland
This content was published on
The alcohol, tobacco and gambling industries generate billions in revenue. At the same time, they cost the economy billions, according to Addiction Switzerland.
Swiss parliament moves closer to partial ban of tobacco ads
This content was published on
Tobacco advertising should be partially banned in the print media. On Monday the House of Representatives gave the go-ahead for restrictions on advertising, with some relaxations.
Online platforms and UBS in sights of Swiss price watchdog
This content was published on
With over 800 cases processed, including just under 400 recommendations, 2024 once again ended with a record number of cases for the Swiss price watchdog.
Swiss federal office sees no reason to end deportations of asylum-seekers to Croatia
This content was published on
Switzerland's State Secretariat for Migration (SEM) continues to deport asylum-seekers to Croatia. It thus rejects a demand from the Swiss Refugee Council in mid-February, which called for a halt to the returns.
ChatGPT responds to negative emotions and therapy, research shows
This content was published on
Stressful information can also cause anxiety in artificial intelligence (AI). As scientists in Zurich have shown, it's even possible to calm the GPT-4 AI model with mindfulness exercises.
Mortgage benchmark fall paves way for potential rent cuts in Switzerland
This content was published on
Switzerland’s national benchmark for mortgage costs dropped to the level it had before the global inflation surge, paving the way for potential rent reductions.
Switzerland ‘deeply concerned’ by Trump’s death penalty order
This content was published on
Switzerland has told the UN Human Rights Council that it is "deeply concerned" by US President Donald Trump's recent executive order to strengthen capital punishment at federal and state level.
Blatter, Platini return to court for new fraud trial over CHF2 million FIFA payment
This content was published on
Former FIFA President Sepp Blatter and former UEFA President Michel Platini appeared in court in Switzerland on Monday accused of fraud - 2.5 years after they were cleared.
Israel criticises Swiss decision to host Middle East conference in Geneva on Friday
This content was published on
Israel has condemned Switzerland for planning to host a meeting on international humanitarian law in the Middle East next Friday in Geneva.
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.
Read more
More
Court decision leaves bad taste in Lindt’s mouth
This content was published on
Lindt, which traces its origins to a Zurich confectionery shop set up in the 1840s, has been fighting Germany’s Confiserie Riegelein since 2000 to try to stop it producing similar chocolate bunnies. But on Thursday, Germany’s Federal Court of Justice rejected a final appeal by Lindt. “We’re very glad that this case has found a…
This content was published on
On Monday a court in Vienna ordered Hauswirth to stop using a trademarked chocolate bunny design. Lindt applied for and received a trademark for its gold tinfoil-wrapped bunny with red ribbon and bell in 2000. It then began taking action against chocolate makers who it felt were making bunnies too similar to its own. Hauswirth…
This content was published on
The court upheld an earlier ruling by the commerce court in Vienna which ordered Austrian rival Hauswirth to stop producing chocolate bunnies in a gold foil wrapping. The firm must immediately cease production and distribution of the products across the European Union territory. Lindt applied for and received a trademark for its gold tinfoil-wrapped bunny…
You can find an overview of ongoing debates with our journalists here . Please join us!
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.