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.