In a dispute between the luxury chocolate factory Lindt and a German discounter called Lidl, a Swiss court ruled in favor of the former, ordering the latter to stop selling and destroy inventory of chocolate bunnies for consider them an imitation, reported Reuters.
The supreme court considered that Lindt & Spruengli’s foil-wrapped chocolate bunnies deserve protection against imitation products, ruling that in Switzerland it is not possible that Lidl brand rabbits be sold in protection of commercial rights, so he had the remaining stock destroyed.
The applications sent by Lindt showed that their Easter bunny was well known for public, the Federal Court said, adding that the two products were likely to be confused even though there were some differences between them.
In addition to the similarity between the name of the brands (Lindt and Lidl) The copycat rabbits also use gold foil as a wrapper, a small rattle and are sitting in the same position as the originals.
With the determination of the Swiss authorities, a Swiss commercial court ruling against Lindt and in favor of two Lidl units foreclosed last year was overturned and Lidl was ordered to destroy its inventory of chocolate bunnies.
“The destruction is proportionate, especially since it does not necessarily mean that chocolate as such should be destroyed,” the court said in a summary in its verdict.
It is not the first time that the Swiss premium chocolate manufacturer Lindt has waged a legal battle in its favor for this reason, since throughout Over the years it has had to protect its chocolate Easter bunny, one of the company’s best-selling products, ever since the European Union granted it trademark status in 2000.
The original Lindt & Spruengli rabbit is sold in various sizes and is one of the Swiss brand’s best-selling luxury products, especially at Easter.
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