Lindt & Spruengli’s foil-wrapped chocolate bunnies deserve protection from copycat products, Switzerland’s highest court ruled on Thursday, and ordered German discounter Lidl to stop selling a similar product in Switzerland and to destroy its remaining stock.
Surveys submitted by Lindt showed Lindt’s Easter bunny was well known to the public, the Federal Court said, adding the two products were likely to be confused even though there were some differences between them.
It overturned a Swiss commercial court’s ruling against Lindt and in favor of two Swiss units of Lidl last year and ordered Lidl to 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,” it said in a summary of its verdict.
Swiss premium chocolate maker Lindt has fought many court battles over the years to protect its chocolate Easter bunny, one of the company’s best-selling products, since it was granted trademark status by the EU in 2000.