It is an astonishing commercial conflict that had to be resolved by the Federal Court of Switzerland, the highest court in the Swiss country.

The Swiss chocolatier Lindt & Sprüngli faced the local branch of the Lidl supermarket chain in a case of product imitation.

And it was Lindt who won an important round, the Federal Court finding that Lidl's Easter bunnies did indeed present a risk of confusion.

In a decision made public on Thursday, the Federal Court ruled that Lindt & Sprüngli's chocolate rabbit wrapped in aluminum foil, "golden or of another color" should benefit from trademark protection against the competitor's products. Lidl.

He banned the Swiss branch of discount stores, called Lidl Schweiz AG & Lidl Schweiz DL AG, from selling his very similar-looking rabbit on its shelves and ordered the destruction of any copies still in stock.

“They cannot be distinguished”

In 2018, the Swiss group Lindt & Sprüngli sued the Swiss branch of Lidl, claiming that the low-cost supermarket chain's rabbit had a very similar shape and appearance and could be confused with its flagship holiday product. Easter.

But the Commercial Court had rejected his request.

The Federal Court overturned this judgment, considering that the chocolate bunnies presented "a risk of confusion even if the two products present certain differences".

"Given the overall impression produced, the rabbits of Lidl arouse obvious associations with the shape of the rabbit of Lindt", argued the Federal Court.

“In the mind of the public they cannot be distinguished,” he added.

Lindt and Sprüngli had provided supporting consumer surveys showing that its rabbit had achieved general public awareness.



The Federal Supreme Court ruled that it “can be considered well known that the shapes that Lindt & Sprüngli has had protected by trademark law are associated by a very large part of the public with the Lindt & Sprüngli company”.

Launched in 1952, the golden rabbit and its bell ribbon is one of Lindt's flagship products.

Lindt, a huge employer

"This judgment is a key step for the protection of Lindt's golden rabbit in its home market in Switzerland," responded the group based in Kilchberg, on the shores of Lake Zurich, in a press release.

Contacted, the Swiss branch of Lidl supermarkets, on the other hand, indicated that it could not provide “any information concerning legal proceedings still in progress”.

Owner of the Lindor praline brands, the American brands Ghirardelli and Russell Stover as well as the Italian brand Caffarel, Lindt & Sprüngli employs approximately 14,600 people worldwide.

In 2021, its turnover amounted to nearly 4.6 billion Swiss francs (4.7 billion euros at current rates).

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