Lindt & Sprüngli’s foil-wrapped chocolate bunnies deserve protection from counterfeit products, Switzerland’s highest court ruled on Thursday, ordering German discounter Lidl to stop selling a similar product in Switzerland and destroy its stocks. (Arnd Wiegmann, Portal)
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ZURICH – Lindt & Sprüngli’s foil-wrapped chocolate bunnies deserve protection from imitation products, Switzerland’s highest court ruled on Thursday, ordering German discounter Lidl to stop selling a similar product in Switzerland and to destroy its remaining stock.
Polls submitted by Lindt showed that the Lindt Easter Bunny was well known to the public, the federal court said, adding that although there were some differences between the two products, the two products were likely to be confused.
It overturned a judgment by a Swiss commercial court against Lindt and in favor of two Swiss Lidl entities last year, and ordered Lidl to destroy its stock of chocolate bunnies.
“The destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed,” he said in a summary of his judgment.
Premium Swiss chocolate maker Lindt has fought many legal battles over the years to protect one of its best-selling products.
The Federal Court of Justice ruled last year that the gold tone of the foil-wrapped Easter bunny is protected by trademark law.
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