Swiss chocolatier Lindt & Sprüngli has won a legal round in Switzerland against the local branch of supermarket chain Lidl over its Easter bunnies, with the Federal Court finding that its products presented a likelihood of confusion.
In a decision made public on Thursday, the Federal Court ruled that Lindt & Sprüngli’s foil-wrapped chocolate rabbit, “gold or other coloured” should benefit from trademark protection against Lidl’s competitor.
It banned the Swiss branch of the supermarket chain, called Lidl Schweiz AG and Lidl Schweiz DL AG, from selling its very similar-looking rabbit in its stores and ordered the destruction of any copies it still had in stock.
obvious associations
In 2018, the Swiss group Lindt & Sprüngli sued the Swiss branch of Lidl alleging that the rabbit of the low-cost supermarket chain had a very similar shape and appearance and could be confused with its flagship product of the holidays, Easter. But the Commercial Court had rejected his request.
The Federal Court, the highest court in Switzerland, overturned this ruling, finding that the chocolate bunnies presented “a likelihood of confusion even if the two products have certain differences”.
“In the public mind they cannot be distinguished,” he added. Lindt & Sprüngli had provided supportive consumer surveys showing that their rabbit had gained general notoriety with the public.
The Federal Supreme Court ruled that “it can be considered common knowledge that the forms that Lindt & Sprüngli has had protected by trademark law are associated by a large part of the public with the Lindt & Sprüngli company.”
Launched in 1952, the golden rabbit and its bell ribbon is one of Lindt’s flagship products.
Lindt accused by Haribo
In 2015, Lindt was at the center of a similar lawsuit. Only this time it was Haribo who accused the chocolatier of copying his gummy bears with his own chocolate figurines. A German court this time agreed with Lindt, finding that there was no possible confusion.
Contacted by AFP, the Swiss branch of Lidl supermarkets, on the other hand, indicated that it could not provide “any information on legal proceedings still underway”.
Owner of the Lindor praline brands, the American brands Ghirardelli and Russell Stover, as well as the Italian brand Caffarel, Lindt & Sprüngli, it employs approximately 14,600 people worldwide. In 2021, its turnover amounted to almost 4.6 billion Swiss francs (4.7 billion euros at current exchange rates).
Source: BFM TV
