Everyone’s favourite gold foil-wrapped chocolate Easter bunny won its latest legal battle on Thursday as Germany’s federal court ruled its gold tone had trademark protection.
Reuters Berlin reported last week that the Swiss premium chocolate maker has been fought many court battles over the years to protect one of its best-selling products that, according to the federal court, crossed German counters more than 500 million times in the past 30 years. That’s a LOT of chocolate bunnies.
After failing to get comprehensive trademark protection for the shape of its sitting bunny, Lindt changed its tactics, by trying to protect the shade of the foil instead. Germany’s federal court said the tone of the gold foil used to wrap its chocolate bunnies had trademark protection, citing market research presented by the company that showed that 70% of respondents associated the gold tone with the Lindt bunny.
A court in Munich had previously rejected Lindt’s claims against German confiserie Heilemann, owned by Viba Sweets, that also sells a sitting bunny in golden foil. The appeals court will now have to re-examine the case.
Lindt & Spruengli said it did not intend to force another chocolate bunny manufacturer out of the market, but was defending itself against copycats exploiting the reputation it had built for its product over years.
Original story – Reuters/Berlin
Questions about this
Why did Germany’s federal court protect Lindt’s gold bunny foil?
Germany’s federal court ruled that the gold tone of the foil wrapping Lindt’s chocolate bunny had trademark protection. It relied on market research presented by Lindt showing that 70% of respondents associated the gold tone with the Lindt bunny. Lindt had previously failed to get comprehensive protection for the shape of its sitting bunny, so it changed tactics and sought protection for the colour instead.
Answered by Jonathan Paton, Founder & CEOCan a colour be protected as a trademark?
It can, where a colour genuinely identifies one business in the minds of consumers. In the Lindt case, the gold foil was protected because evidence showed that most respondents linked the shade with the Lindt bunny. A colour that is merely decorative or common in a market will struggle, and showing that the public associates it with one brand usually needs real evidence, such as market research.
Answered by Jonathan Paton, Founder & CEODid the Lindt ruling stop other chocolate makers selling gold bunnies?
Not automatically. A court in Munich had previously rejected Lindt’s claims against German confectioner Heilemann, which also sells a sitting bunny in golden foil, and the appeals court now has to re-examine that case. Lindt said it did not intend to force other bunny makers out of the market, but was defending itself against copycats exploiting the reputation it had built for its product over years.
Answered by Jonathan Paton, Founder & CEO
