MLL Legal successfully represents Lindt & Sprüngli against Lidl

With Judgment of 30 August 2022 the Swiss Federal Court has fully granted Lindt & Sprüngli’s injunction against Lidl and has prohibited Lidl from producing and distributing copies of the Lindt Gold Bunny. This Judgment implies that Lidl is no longer allowed to sell Gold Bunny look-alikes in Switzerland and must destroy any remaining stock.

The injunction relief was filed in 2018 with the Commercial Court of the Canton of Aargau, requesting that Lidl be prohibited from advertising, offering or selling its similar looking chocolate bunnies packaged in golden foil or in a different color. The Swiss Federal Court as the highest instance court has upheld Lindt & Sprüngli’s infringement claims and prohibits Lidl from distributing these similar products.

The Swiss Federal Supreme Court held that the outstanding results of the demoscopic surveys submitted by Lindt & Sprüngli proved that the shape of the Lindt Gold Bunny, irrespective of its color, has become established as a trademark through use. Furthermore, it is notorious that consumers perceive the shape of the Gold Bunny as an indicator of Lindt. Therefore, the court granted the 3D trademarks protecting the shape of the Gold Bunny a broad scope of protection and issued a broad cease-and-desist order against Lidl, encompassing also Gold Bunny look-alikes that are offered in another color than gold.

The ruling of the Federal Court is of great importance for the protection of the Lindt Gold Bunny on the Swiss market. It will help to further protect the iconic form of the Lindt Gold Bunny against dilution from unauthorized copies and will likely serve as a precedent also in other jurisdictions. In another milestone decision in 2021, the German Federal Court of Justice in Karlsruhe already confirmed the protection of the color mark gold for the golden color of the Lindt Gold Bunny.

MLL Legal is very happy to have successfully represented Lindt & Sprüngli in this case. The team consisted of MLL Legal’s IP Partner  and Senior Associate , the Lindt & Sprüngli IP team was led by Livia Andermatt.