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Lindt loses 12-year gold bunny trademark case


By Oliver Nieburg+

Last updated on 28-Mar-2013 at 15:48 GMT2013-03-28T15:48:09Z

Lindt Goldbunny (left), Confiserie Riegelein bunny (right).
Lindt Goldbunny (left), Confiserie Riegelein bunny (right).

Lindt & Sprüngli has lost a trademark case for its Goldbunny against Confiserie Riegelein in Germany that spanned 12 years.

The German Supreme Court (BGH) today ruled in favor of Confiserie Riegeleinof after Lindt had contended that its trademark for a 3D seated gold chocolate bunny was infringed.

This comes after successive appeals from Lindt over a number of years.

Confiserie Riegelein: We didn’t bow to pressure

Peter Riegelein, managing partner of German firm Confiserie Riegelein said that “justice has prevailed in this case ". [German translation]

He said that a seated rabbit in gold foil had been part of his company’s range for half a century, as it had been for many companies.

“While many, especially small providers bow to the pressure of the Swiss group, and their products had to withdraw from the market, Confiserie Riegelein continued to resist,” he said.

Lindt, which has sold the gold bunny since 1952, had previously appealed four earlier decisions all finding in favor of Confiserie Riegelein.

Lindt accepts decision but will continue to defend Lindt Goldbunny

Nina Keller, corporate communications for Lindt, told “Lindt & Sprüngli has taken note of the definite decision of the BGH and will of course respect it even though we do not share the judicial interpretation.

“Based on the high brand awareness and the uniqueness of the Lindt Goldbunny that has been built up over the past decades with great efforts as well as to secure the best possible protection for our trade mark against competitors, we will continue to defend our Lindt Goldbunny in the future whenever necessary.”

Bunny wars

Austrian firm Hauswirth was last year forced to remove and censor its bunny after losing legal case to Lindt

The Swiss chocolatier is not unfamiliar with bunny legal battles having fought a similar trademark row against Austrian confectioner Hauswirth, a company that also manufactured sitting gold chocolate bunnies with red neckties.

After eight years of legal wrangling, an Austrian court ruled last year that Hauswirth had to change the appearance of its rabbits.

In 2012, the European Court of Justice refused to register Lindt’s 3D-bunny-sign as an EU trademark because  it was devoid of any distinctive character.

Lindt’s bunny trademark is registered in 15 out of 25 EU member states.

Haribo bear battle

Lindt is also contending with a trademark infringement case brought by Haribo in Germany, which is set to rumble on all the way to the Supreme Court.

Haribo alleges that Lindt has infringed its patent on ‘Gold Bear’ by introducing a chocolate product called ‘Teddy’ in November last year that uses gold packaging.

3 comments (Comments are now closed)

Poor Lindt

That they need this to sustain their company. I regarded them as a quality chocolate brand with style and An authentic character. The company and brand lost those last 2 values...

So, why Lindt if they are equal to the other big cocoa firms????

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Posted by edwin
01 April 2013 | 15h252013-04-01T15:25:58Z

Shame indeed ..

I will not buy their products either.

Suggest that the Lindt bullies reconsider their PR strategy
-although I feel that they fail to understand the role of
PR in effective marketing ..

They are not alone in this of course. The Bundes Kartel office
gives us, as buyers, more names to avoid ..

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Posted by Jonathan Vickers
30 March 2013 | 20h422013-03-30T20:42:20Z

Shame on Lindt

Where did we go wrong? Is it possible that pieces that belong to every person's imagination, and childhood can become a companies exclusive right?

Will big companies own us before we even realize it?
Shame on Lindt!
I myself will no longer buy their products...

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Posted by Patricia
29 March 2013 | 12h502013-03-29T12:50:10Z

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