Because they look too similar to Lindt's "Gold Bunny", the Munich Higher Regional Court has banned the Allgäu Confiserie Heilemann from selling chocolate bunnies with golden packaging.
The 29th civil senate found on Thursday that there was a risk of confusion between the products.
The verdict is not yet legally binding.
The crucial question was whether the gold tone of the bunnies was similar enough on the one hand, and on the other hand whether it already sent a decisive signal to the consumer as to which manufacturer the bunnies came from.
The court approved both.
In the opinion of the Senate, certain differences in color and design as well as the labeling with the name of the manufacturer were not sufficient to prevent this.
150 million "gold bunnies" in over 50 countries
This was preceded by a decision by the Federal Court of Justice, according to which the gold tone used by Lindt enjoys trademark protection.
It contradicted an earlier decision of the Higher Regional Court, which therefore had to deal with the issue again.
Lindt has been selling the “Goldhasen” in Germany since 1952, and in the current color since 1997.
Heilemann also offered a sitting rabbit in gold foil in the 2018 Easter season.
According to Lindt, it now produces around 150 million “golden bunnies” every year in over 50 countries.
Lindt has been defending itself against similar competing products for years.
The golden chocolate bunnies from the Franconian chocolate producer Riegelein were allowed to stay after two BGH rulings.
Four weeks ago, the Swiss Federal Court in Lausanne ruled that the discounter Lidl was no longer allowed to sell its gold bunnies in Switzerland because of the risk of confusion with Lindt's gold bunnies.