The German Federal Court ruled Thursday that the gold-tone wrapping of Lindt & Sprüngli’s chocolate bunny is trademark-protected.
The court ruled in favour of Lindt, which had brought the case against a German chocolate-maker that also sells Easter chocolate bunnies wrapped in gold foil.
“There are many ways to design Easter bunnies that don’t infringe Lindt & Sprüngli’s rights,” said a spokesperson for the Swiss chocolate and confectionery company.
Lindt’s “Gold Bunny” is one of the best-selling chocolate bunnies in Germany, and the Swiss company has fought many legal battles to protect its product.
It was previously unsuccessful in getting protection for the shape of its chocolate bunny and pivoted to gaining trademark protection for the color of its bunny’s wrapping. The move appeared to work, as market research suggests that consumers associate the golden colour with Lindt’s product.
A court in Munich had previously dropped Lindt’s case against German confectioner Heilemann, owned by Viba Sweets, which also sells a gold-wrapped chocolate bunny. The appeals court is now set to reconsider that ruling.