Zurich, Sept 29 (AFP\/APP): Swiss luxury chocolatier Lindt & Sprungli has won its case against the local branch of budget supermarket chain Lidl over its similar-looking Easter bunnies, according to a court decision published Thursday.<\/p>\n
The Federal Supreme Court of Switzerland ruled that Lindt’s chocolate bunny wrapped in aluminium foil, whether “golden or of another colour”, should benefit from trademark protection against Lidl’s rival product.<\/p>\n
It banned the chain’s Swiss branches Lidl Schweiz and Lidl Schweiz DL from selling its similar bunnies and ordered the destruction of any still in stock.<\/p>\n
Launched in 1952, the golden bunny with a bell on a ribbon is one of Lindt’s flagship products.<\/p>\n
Lindt & Sprungli sued in 2018, claiming that Lidl’s bunnies had a very similar shape and appearance and could be confused with its main Easter product.<\/p>\n
But the commercial court of Switzerland’s Aargau canton, west of Zurich, dismissed Lindt’s action in 2021.<\/p>\n
However, Switzerland’s highest court overturned the decision, finding that Lidl’s bunnies posed “a risk of confusion even if the two products present certain differences”.<\/p>\n
“Given the overall impression produced, Lidl’s bunnies arouse obvious associations with the shape of Lindt’s,” the federal court said.
\n“In the public mind, they cannot be distinguished.”<\/p>\n
Lindt provided consumer surveys showing that its bunny had achieved a level of general public awareness.<\/p>\n
The Federal Supreme Court decided that it “can be considered common knowledge that the shapes that Lindt & Sprungli has had protected by trademark law are associated by a very large part of the public with the Lindt & Sprungli company”.<\/p>\n
Lindt said in a statement: “This verdict is a milestone for the protection of Lindt’s golden bunny in its Swiss home market.”<\/p>\n
Contacted by AFP, Lidl said it could not provide “any information concerning legal proceedings which are still ongoing”.<\/p>\n
Lindt & Sprungli employs approximately 14,600 people worldwide. In 2021, its turnover amounted to nearly 4.6 billion Swiss francs ($4.65 billion).<\/p>\n","protected":false},"excerpt":{"rendered":"
Zurich, Sept 29 (AFP\/APP): Swiss luxury chocolatier Lindt & Sprungli has won its case against the local branch of budget supermarket chain Lidl over its similar-looking Easter bunnies, according to a court decision published Thursday. The Federal Supreme Court of Switzerland ruled that Lindt’s chocolate […]<\/p>\n
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