Lidl is being forced to pull the plug on manufacturing and sale of Lindt-like chocolate bunnies, after losing a battle in a Swiss court.
The court found that Lindt & Spruengli's foil-wrapped chocolate bunnies should be protected from copycat imitations, and has ordered German discounter Lidl to stop selling a similar product in Switzerland, as well as to destroy all remaining stock of which.
Surveys submitted by Lindt proved that their Easter Bunny product was well known to the public, the Federal Court said, adding that the two products were likely to be confused despite there being a number of differences between them.
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The Mirror reports that it then overturned a Swiss commercial court's ruling against Lindt and in favour of two Swiss units of Lidl last year - ordering Lidl to get rid of its inventory of chocolate bunny products.
"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.
Lindt has fought a number of court battles over the years to protect one of its most adored and renowned products, with Germany's own federal court last year ruling that the gold tone of its foil-wrapped Easter Bunny had trademark protection.
In a separate court case earlier this year, Lidl and Tesco found themselves embroiled £2.35million - fighting each other in court over claims that Tesco had copied Lidl's logo. The German supermarket claim that Tesco were exploiting the background of their trademark logo - a blue square with a yellow circle and thin red border - to promote Clubcard discounts to punters.
Lidl say that this illustration containing signature colourways is a 'wordless' trademark even without the Lidl name to it, and are seeking to ban Tesco from using a similar background on their 'Clubcard Prices' signs in store. It says Tesco is “seeking deliberately to ride on the coat tails of Lidl’s reputation as a ‘discounter’” by using the background to the Lidl logo to promote its Clubcard price cuts.
Lidl have put results from a survey to London's High Court as part of their evidence for the claim, in which interviewees were shown the disputed background without the Lidl name. They were then asked what it was, with 'numerous responses' identifying it as in connection with Lidl.
Giving judgment in a pre-trial skirmish between the two grocery giants, Mrs Justice Joanna Smith handed victory to Lidl, throwing out Tesco’s bid to have the survey evidence ruled inadmissible at trial. Setting out the shape of the case, the judge said: “In short, Lidl contends that Tesco’s use of a new sign in their ‘Clubcard Prices’ marketing is an infringement.
“In bringing the claim, Lidl relies upon its trade mark rights in two versions of the Lidl logo: a logo which includes the word ‘Lidl’ and a logo without that word, ‘the Wordless Mark’."
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