Lindt has won a court battle against Lidl, ordering the discount grocer to cease production of its copycat foil-wrapped chocolate bunnies and destroy its remaining stock and stop selling a a similar product in Switzerland.
The Federal Court stated that the two products were likely to be confused, despite there were some differences between them, as a survey submitted by the chocolate manufacturer showing Lindt’s Easter bunny was well known to the public.
The verdict overturns a Swiss commercial court’s ruling against Lindt and in favour of two Swiss units of Lidl last year.
As a result, Lidl now must destroy its inventory of chocolate bunnies.
“Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed,” a summary of the verdict stated.
The Swiss chocolate maker has been involved in many court battles over the past few years to protect one of its best-sellers.
Last year, a German federal court ruled that the gold tone of its foil-wrapped Easter bunny had trademark protection.
