The Federal Supreme Court of Switzerland has ruled that the supermarket chain’s chocolate treats wrapped in aluminum foil are too similar to the premium chocolate manufacturer’s products.
The court prohibited the Swiss branches of the Lidl Schweiz and Lidl Schweiz DL chains from selling the copycat rabbits and ordered the destruction of any products still in existence.
Social media has erupted as fans wade in with their thoughts following the verdict.
Lidl ordered to melt chocolate bunnies after Lindt court case
A user offered his service on Twitter: “I see the Lidl rabbits must now be ‘destroyed’.
Referring to Aldi’s recent lawsuit with Marks and Spencer over its chocolate caterpillar cake, which was settled confidentially earlier this year, one person wrote: “Finally a company @Lindt has won a legal battle against @lidl. Lidl and @AldiUK have gotten away with ripping away from other companies’ products for far too long.”
A third user chimed in: “So Lidl has lost a court case with Lindt and has to stop selling a similar rabbit in Switzerland and destroy its remaining stock.
Another person expressed their frustration, adding, “Ridiculous and what a total waste of good chocolate and money.”
Lindt & Sprüngli sued Lidl in 2018, claiming that the bunnies had a similar shape and look to its popular Easter products.
However, the commercial court of the Swiss canton of Aargau dismissed Lindt’s lawsuit in 2021.
The decision was later overturned by the Swiss Supreme Court, which presented the rabbits as “likelihood of confusion, even if the two products show certain differences”.
The Federal Supreme Court added: “In view of the overall impression created, the Lidl rabbits evoke obvious associations with the shape of the Lindt rabbits.
“In public opinion they cannot be distinguished.”
As part of its evidence, the Swiss chocolatier presented consumer surveys showing that its bunny had achieved mainstream public awareness.
The Federal Supreme Court ruled that “it can be considered generally known that the shapes that Lindt & Sprüngli has trademarked are associated by a very large part of the public with the Lindt & Sprüngli company”.
This isn’t the first time Lindt has taken a brand to court over their chocolate bunnies.
Last year, the chocolate company earned protected status for the golden hue of its foil wrapper on its Easter treat.
A German federal court has ruled in a dispute between Swiss company Lindt and a German company, Heilemann, after they marketed a similar rabbit snack in gold foil packaging in 2018.
https://www.theargus.co.uk/news/22997211.lidl-loses-lindt-chocolate-bunnies-case-court-orders-melt-rabbits/?ref=rss Lidl loses Lindt chocolate bunny case as court orders rabbits to be melted down