Lidl’s Swiss unit should stop selling foil-wrapped chocolate bunnies, that bare various similarities to Lindt’s golden rabbits, and destroy its remaining stock, a Swiss court has ruled.
The Lausanne court said Swiss cholate maker Lindt & Sprüngli deserves protection from copycats, including the German supermarket which sells a golden foil wrapped bunny of its own.
Surveys submitted by Lindt showed its easter bunnies are well known to the public and that two products are likely to be confused.
The federal court overturned a Swiss commercial court’s ruling as it said “destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed,” in a suggestion the bunnies could be melted down.
The ruling comes as the latest development in a series of cases brought forward by Lindt in its bid to protect one of its best-selling products.
The Swiss court’s ruling only applies to Lidl’s Swiss business meaning the supermarket will be allowed to continue selling its products in Britain.