Chocolate bunnies must be destroyed, Swiss Court Rules in Trademark Case
The end is near, for chocolate bunnies, sold at the German grocery chain Lidl. A Swiss Federal Court has ordered them to be shredded, because they violate a trademark.
Representatives for Lindt argue that the bunnies are covered under a trademark law. The commercial court dismissed this filing in 2021, prompting the company to appeal the decision.
According to Lindt's research, Lidl's chocolates are shaped exactly like their own candy, so consumers can't tell them apart. Lindt also did a survey where people were asked if they preferred Lidl's chocs or Lindt's.
In overturning the lower court's ruling, the higher court said that the similarity between the two products was too great to allow them to coexist without causing consumer confusion. The court also noted that both companies had used similar names for their products for decades, and that they were likely to continue doing so..
Lidl is no longer allowed to sell the rabbit candies and has to destroy any currently existing candy bunnies, the court said.