Lindt’s golden bunnies win another court battle
In late August, the Swiss Federal Court upheld a lawsuit by Lindt & Sprungli, ruling that Lidl must stop selling its golden chocolate bunnies and destroy all remaining stock, as they infringe on Lindt’s 3D trademark.
Lindt’s lawsuit was based on the protection of the 3D trademark of Lindt’s bunny in black and white. They also attached the results of research among consumers, which showed that consumers undoubtedly associate this type of chocolate bunny with Lindt’s golden bunny. The court granted broad protection to the shape of the Lindt bunny and also prohibited Lidl from selling such bunnies in other colors.
Let us recall that previously Lindt won the battle before the German Supreme Court in 2018 when it sued the German company Heilemann for the sale of a sitting chocolate bunny in a gold wrapper. Lindt did not register the color of its bunny as a trademark, but the court, also based on consumer research, found that more than 70% of consumers associate this shade of gold with Lindt’s golden bunnies and recognized Lindt’s gold as a trademark with reputation, which German law also allows for even without prior registration.
The 4th Open Knowledge Day took place on Tuesday 17 October 2023, with an accompanying workshop on 18 October 2023. This year it was organised by the Open Data and Intellectual Property Institute (ODIPI) and supported by Knowledge Rights 21 (KR21).
We invite you to the fourth Open Knowledge Day and the workshop, which will take place this year within the framework of the programme and with the support of Knowledge Rights 21. The event will bring together experts from different European countries to discuss two topics: the first part will deal with the legal basis for data analytics, which is a key part of machine learning and related artificial intelligence, and the general exception for research. In the second part, open science in theory and practice will be presented both in Slovenia and in some Western Balkan countries. Representatives of research and educational institutions from Slovenia and the Western Balkan countries, as well as interested members of the public, are invited to attend.
Dr. Maja Bogataj Jančič, a renowned expert in copyright law, has joined the Berkman Klein Center for Internet & Society at Harvard University, where she will serve as an affiliate researcher for the next two years.
On Friday, October 6, 2023, the online seminar “Practical Experiences in Resolving Copyrights of Modern Book Works” took place. The seminar addressed relevant questions concerning user access to literary works in digital form.