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.’
The federal court agreed with Lindt saying Lidl’s bunnies posed ‘a risk of confusion even if the two products present certain differences’.
‘Given the overall impression produced, Lidl’s bunnies arouse obvious associations with the shape of Lindt’s,’ the federal court said.
‘In the public mind, they cannot be distinguished.’
The court added that it ‘can be considered common knowledge that the shapes that Lindt & Sprüngli has had protected by trademark law are associated by a very large part of the public with the Lindt & Sprüngli company’.
Lindt first applied for a trademark on its three-dimensional bunny in 2000.
A Vienna court ordered Hauswirth to stop selling its version of a gold-wrapped rabbit with a ribbon in 2011, ending a seven-year battle of the bunnies between them.
While a German court handed Lindt another legal victory in 2021, ruling that the golden shade of Lindt’s foil had trademark protection.
This isn’t the first time two brands have battled in court over the right to sell animal-shaped treats.
British supermarket Marks & Spencer fought a high-profile war against German budget retailer Aldi after both chains wanted to sell caterpillar cakes.
The two eventually reached a settlement in February.