It seems Europeans CAR-ROT about their golden bunnies! Swiss chocolatier Lindt’s gold wrapped chocolate Easter bunnies hopped their way to a major legal victory when the Germany federal court ruled the gold tone of the foil wrapping has trademark protection. The case was brought against a German chocolate-maker that sells Easter chocolates and confections.
This comes off the [bunny] heels/tails of the Swiss chocolate maker’s failure to succeed in obtaining trademark protection of the shape chocolate, namely the side profile of a sitting bunny. German federal court stated the gold tone of the foil enjoys consumer recognition, as evidenced by market research and nearly 70% of consumers quizzed stated they associated gold foil wrapping with the Lindt chocolate bunnies specifically. Lindt has been using current color of gold foil in connection with their chocolates since at least 1994.
A court in Munich previously ruled against Lindt’s case for trademark protection with another German confectioner Heilemann, owned by Viba Sweets, over their sale of similar gold foil wrapped chocolate bunnies. No doubt that the appeals court will reconsider that ruling and whether Heilemann willfully violated Lindt’s rights by making a confusingly similar bunny. Recall that a willful finding can get the trademark owner is an important consideration in determining the amount of profit because it considers the defendant’s mental state.
The global chocolate candy market has been as slothful as a sloth in a race with a tortoise AND a hare, experiencing a 6% drop in sales, however, Lindt’s fluffle (did you know this is what a group of bunnies is called?) of organic sales has jumped thanks to new marketing and products. This spells a hoppy ending for trademark recognition of Lindt’s golden bunnies.