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30th Sep 2022

Lidl must melt all their chocolate bunnies for looking too much like Lindt

April Curtin

LOS ANGELES, CA - APRIL 01: Lindt Golden Bunnies on display at the Lindt Chocolate Easter Luncheon with Kristen Bell and friends at Sunset Tower on April 1, 2019 in Los Angeles, California. (Photo by Michael Kovac/Getty Images)

There is hope they’ll be reincarnated

It’s time to wave goodbye to Lidl’s chocolate bunnies, after a Supreme Court battle deemed they were too similar to the ones sold by Lindt.

The Federal Supreme Court of Switzerland ruled that – whether wrapped in “golden or another colour” of aluminium foil – Lidl’s bunnies are simply just too much like Lindt & Sprünli’s chocolate bunnies.

“Given the overall impression produced, Lidl’s bunnies arouse obvious associations with the shape of Lindt’s,” the court found, adding that: “In the public mind, they cannot be distinguished.”

The supermarket has therefore been banned from selling the bunnies and forced to destroy all remaining stock.

While melting bunnies may sound sad, the verdict did say: “Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed.”

So hopefully they’ll at least get reincarnated into another chocolate species.

The decision, which was reached by Switzerland’s highest court on Thursday, comes following years of bunny battles between the companies. Lindt sued Lidl in 2018, claiming that customers would get confused between the chocolate bunnies despite there being some differences. A commercial court in Switzerland dismissed it.

Lindt, which has had a trademark on its bunny since 2001, has taken down multiple chocolate bunnies across Europe.

The company had a seven-year battle with Austrian chocolate-maker Hauswirth, which even came before Europe’s top court, before Hauswirth was ordered to stop making chocolate bunnies in 2011. A German court also gave Lindt a legal victory in 2021, ruling that the company’s golden foil was trademarked.

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