Lindt "golden rabbit" again before German court
For 70 years, the Swiss chocolate manufacturer Lindt has been selling its "Gold Bunnies" at Easter - also in Germany. Has a competitor illegally packaged its bunnies in the same gold foil? That's something the Munich Higher Regional Court will have to decide again.
Even more popular among Germans than chocolate Santa Clauses and Santa Clauses are Easter bunnies: More than 130 million chocolate bunnies were sold in Germany this year, according to the German Confectionery Industry Association.
The market leader is the Swiss company Lindt&Sprüngli, which has been offering its Easter bunny dressed in gold foil in Germany since 1952 - and is fighting for species protection in court. On the instructions of the Federal Court of Justice, the Munich Higher Regional Court is hearing the case again on Thursday at 2 pm.
The 29th Civil Senate must examine whether a competitor sued by Lindt - Allgäuer Confiserie Heilemann, which belongs to the Thuringian company Viba Sweets - has infringed the trademark rights of the "Lindt Gold Bunny". Specifically, the case concerns the gold tone of the two foils used and the possible likelihood of confusion. The BGH has already ruled that the gold tone used by Lindt enjoys trademark protection - contrary to a previous ruling.
Lindt claims damages
Heilemann also marketed a sitting chocolate bunny in a gold-colored foil during the 2018 Easter season. The traditional Swiss company is demanding that the competitor stop selling its gold bunny and provide information about its business with it with a view to damages.
The Munich Regional Court had ruled in favor of Lindt in 2019: The gold hue of the chocolate bunny had become a color trademark through long use and intensive advertising. In 2020, however, the Higher Regional Court dismissed the claim as unfounded. Unlike "Nivea Blue," "Telekom Magenta" or "Milka Purple," the gold hue did not unmistakably belong to Lindt. The chocolate manufacturer also had other colored products in its range.
In contrast, the BGH ruled in the last instance that the color of the "Goldhase" was so well known that it enjoyed trademark protection. The color is associated with the Swiss chocolatier by 70 percent of consumers. It had established itself on the market as a trademark through its long and intensive use and had "acquired a reputation in the trade.
The fact that Lindt does not use the gold for all its products and that the "Gold Bunny" has other characteristic features, such as the red collar with bells, is irrelevant. The Karlsruhe judges thus referred the case back to the Munich Higher Regional Court for a new hearing and decision.
Lindt says it now produces around 150 million "Gold Bunnies" a year in more than 50 countries. Lindt has been defending itself against overly similar competitor products for years. The golden chocolate bunnies of the Franconian chocolate producer Riegelein were allowed to remain after two BGH rulings. Four weeks ago, the Swiss Federal Court in Lausanne ruled that discounter Lidl could no longer sell its Gold Bunnies in Switzerland because of the risk of confusion with Lindt's Gold Bunnies. (SDA)
