Shaped Charges: The Battle of the Golden Bunnies
Swiss court orders Lidl to melt down its chocolate bunnies for infringing Lindt's Gold Bunny trademark
Switzerland’s Federal Supreme Court has ordered German discount retailer, Lidl, to cease selling its "copycat" rabbit-shaped chocolate in Switzerland and to destroy its stock.
In its decision to overturn last year's ruling by the Swiss Commercial Court for Lidl, Switzerland's highest court took account of surveys submitted by Lindt & Sprüngli which showed that its Golden Bunny was well known to the public and the real risk of public confusing the products for each other.
The Supreme Court's decision shows that trademark protection for 3D designs is an important weapon in the fight against copycats wishing to exploit a business's hard earned reputation for its product.
Lindt & Sprüngli has registered the shape of its Golden Bunny as a trademark in various countries and has fought hard to protect the design of one of its best selling products.
Did you know the Malaysian Trademarks Act 2019 allows the registration of shapes as trademarks, including shapes of confectionary and baked goods (see below)?
Talk to us if you're worried that someone may be copying your masterpiece or if you're worried that your products could be infringing someone else's trademark or copyright.