Switzerland’s Federal Supreme Court ordered a discount grocery chain, Lidl, to destroy its stock of chocolate bunnies in the country amid a legal battle between Swiss chocolatier Lindt & Sprungli.
The trademark battle over the chocolate bunnies was first filed in 2018 when Lindt argued that Lidl’s chocolate bunnies that were wrapped in gold foil, violated Lindt’s Swiss trademark. Lindt feared that people would mistake Lidl’s chocolate bunnies for its own.
Back in 2021, the case was dismissed by Switzerland’s commercial court. However, the federal court allowed for Lindt to appeal the decision.
The Federal Supreme Court said in a statement that “Lindt & Sprungli’s chocolate bunny wrapped in aluminum foil — golden or another color — enjoys trademark protection against Lidl’s competing product.
Lidl can no longer sell its own rabbit due to the risk of confusion and must destroy the copies still in stock.”
The court found that opinion polls filed by Lindt showed that the company had established itself in the market well and that Lindt’s trademark protections “can be considered common knowledge.”
“Lidl’s rabbits evoke obvious associations with the shape of Lindt’s rabbit. In the mind of the public they cannot be distinguished.”
Lindt had requested from the court to order Lidl to “destroy” all of its chocolate rabbits still in stock. The court granted that request, writing that “the destruction is proportionate, especially since it does not necessarily mean that the chocolate as such must be destroyed.”
Lidle told The New York Times that the bunnies are seasonal and that no chocolate bunnies would need to be destroyed, as none are currently in stock.
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