Lidl ordered to destroy chocolate bunnies after losing Lindt case

The German supermarket lost its legal battle with the Swiss chocolatier.

Lidl Switzerland ordered to destroy chocolate bunnies after losing copyright case brought by Lindt — Switzerland: Lidl ordered to destroy chocolate bunnies after losing copyright case brought by Lindt. iStock

30th Sep 2022

Lidl Switzerland has been ordered by the country’s highest court to destroy its chocolate bunnies following its loss in a copyright case.

The gold foil-wrapped chocolate bunny produced by premium chocolate maker Lindt & Sprüngli “has become established as a trademark”, the Swiss Federal Supreme Court ruled.

Lindt’s chocolate bunny is one of the brand’s best selling products, and is no stranger to imitation.

The chocolate maker submitted surveys as part of its case showing that its bunny was well-known to the public, the federal court said.

It added that that the bunnies sold by Lindt and Lidl were likely to be confused, even though there were some differences between them.

The Lausanne court ruled that because of their overall similarities, the Lidl bunnies triggered associations with the shape of the Lindt Gold Bunny and could not be distinguished by the consumers.

Lidl Switzerland was ordered to cease production and destroy all remaining stock of the gold bunnies.

A spokesperson for Lindt & Sprüngli said: “The ruling is of great importance for the protection of the Lindt Gold Bunny on the Swiss market.

“It will help to further protect the iconic form of the Lindt Gold Bunny against dilution from unauthorized copies and will likely serve as a precedent also in other countries.”