The Federal Supreme Court of Switzerland has ordered Lidl Stiftung & Co. KG to stop selling its Favorina rabbit-shaped chocolate in Switzerland and to destroy its stock as it could be confused with Chocoladefabriken Lindt & Sprüngli AG’s Golden Bunny, which are protected under Swiss trademark law.
The Swiss highest court ruled that Lindt's Golden Bunny, a rabbit-shaped chocolate wrapped in gold foil, should be protected against copying.
Lindt & Sprüngli AG's Golden Bunny
In its decision to overturn last year's ruling by the Swiss Commercial Court, the Swiss Supreme Court took into consideration surveys submitted by Lindt & Sprüngli which showed that its Golden Bunny was well known to the public and the Court is of the opinion that even though there were some differences between the rabbits, the consumers were likely to be confused. Following the court's order, Lidl is no longer allowed to sell its chocolate bunny in Switzerland and has to destroy its existing stock.
Lidl Stiftung & Co. KG's Favorina chocolate bunny
The Supreme Court's decision shows that while trademark protection for 3D designs is an important weapon in the fight against copycats who are out to take advantage of the reputation and goodwill of a business's product designs.