Backing Lindt, Swiss Court Orders Lidl to ‘Destroy’ Its Chocolate Bunnies

“Today, more than 160 million Lindt Gold Bunnies are hopping around the world per year,” the company says on its website, adding that if all the Lindt chocolate bunnies sold annually were lined up, they would stretch from the company’s headquarters in Kilchberg, Switzerland, to San Diego, Calif.

The battle of the bunnies began in 2017, Mr. Gasser said, when Lindt first went to court to stop Lidl from selling its chocolate bunnies wrapped in gold foil (or any other color foil).

The Lidl bunny, like the Lindt bunny, is a compact rabbit, squatting on all four paws. But its facial and paw markings are different from those on the Lindt bunny, according to photos provided by Mr. Gasser. The Lindt bunny also sports a red ribbon and bell while the Lidl bunny has a yellow or green ribbon and bell, the photos show.

In determining whether Lidl infringed Lindt’s trademark rights with its chocolate bunnies, the Supreme Court examined whether such shapes are protected under trademark law. Such is the case when brands became established in the market, the court’s statement said.

Based on the results of opinion polls submitted by Lindt, the court found that Lindt’s chocolate bunnies are well known in Switzerland, and therefore established in the market.

The court also examined whether there was a likelihood of confusion because of the similarities between the two bunnies. It concluded that such a risk existed, even though the products have certain differences.

“Given the overall impression, Lidl’s rabbits have clear associations with the shape of Lindt’s rabbit,” the court’s statement said. “In the public’s mind, they are indistinguishable.”

Article source: https://www.nytimes.com/2022/10/01/business/lindt-lidl-chocolate-bunnies.html