Lidl must melt thousands of its chocolate bunnies as they are too similar to Lindt’s, a top Swiss court ruled.
The Federal Supreme Court of Switzerland ruled Lidl’s bunnies wrapped in aluminium foil, whether ‘golden or another colour’, are too similar to Lindt & Sprüngli’s.
It banned the supermarket chain’s Swiss branches, Lidl Schweiz and Lidl Schweiz DL, from selling the treats.
With its red ribbon, small bell and squatting posture, Lindt’s ‘Gold Bunny’ is one of the Swiss brand’s best-selling products.
And Lindt knows this well, apparently, according to surveys the chocolate-maker filed in its years-long bust-up to put a stop to knock-off milk chocolate bunnies.
Lindt sued Lidl in 2018, claiming people were likely to get confused between their respective chocolate bunnies even though there were some differences.
A commercial court of Switzerland’s Aargau canton dismissed Lindt’s suit last year.
But now the federal court in Lausanne ruled in favour of Lindt, writing in its verdict: ‘Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed.’
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