There can be only one chocolate bunny wrapped in gold foil, wearing a bow and a bell in Switzerland — and that’s the Lindt version.
So says a Swiss federal court’s ruling this week in favor of luxury chocolate maker Lindt & Sprüngli LISP,
From the archives (April 2022): What is the most popular Easter candy? The divisive answer may surprise you
Lindt accused Lidl of copying its chocolate bunny and intentionally confusing customers. The Lindt version is wrapped in gold foil with a red bow and bell, while Lidl’s confection is wrapped in gold foil and wears a green bow and bell.
So the highest court in Switzerland ruled that Lindt’s version deserves copyright protection, and agreed that Lidl was taking a bite out of Lindt’s brand equity. “Given the overall impression produced, Lidl’s bunnies arouse obvious associations with the shape of Lindt’s,” the court ruled.
This federal court ruling in Lindt’s favor reversed a lower commercial court that in 2021 had sided with Lidl, according to Sky News.
See also: The candy brands that join YouTube and Netflix among Gen Z’s favorites
Lidl has been ordered by the court to stop selling its chocolate bunnies, and to dispose of any that have been produced and not yet sold— although the court noted that the chocolate could be melted down and used to create something else.
“Destruction is proportionate [as a legal remedy], especially as it does not necessarily mean that the chocolate as such would have to be destroyed,” the court said in a summary of its verdict.
Lindt has been involved in several other product trademark lawsuits over the years, including a legal battle with Haribo over gold bears.
From the archives (October 2021): This is the best candy to hand out on Halloween — and the absolute worst
A new study has found that the COVID antiviral Paxlovid can interact badly with certain heart medications, raising concerns for patients with cardiovascular risk who test positive.
Weston Blasi is a reporter. You can follow him on Twitter @WestonBlasi.
Visit a quote page and your recently viewed tickers will be displayed here.