Swiss chocolatier Lindt & Spruengli has beaten German grocer Lidl in a bunny fight.
The Swiss Federal Supreme Court ruled Thursday that Lidl’s chocolate bunnies wrapped in gold foil infringed Lindt’s copyright.
Lidl’s Swiss unit has been ordered to destroy their remaining stock of rabbits, which the court said were imitations of Lindt’s own foil-wrapped chocolate bunnies.
“Destruction is proportionate, especially since it does not necessarily mean that the chocolate itself must be destroyed,” the court said in the summary of the judgment, according to candy news.
Consumers familiar with Lindt’s foil-wrapped chocolate bunnies may be confused by Lidl products, the investigation provided to the court showed.
“From the overall impression, the shape of Lidl’s rabbit and Lindt’s rabbit are clearly related. According to The New York Times, they are indistinguishable in the public mind,” a statement from the court read.
The new ruling overturns a previous Swiss commercial court ruling in favor of the two Swiss divisions of the German discount grocer.
Last year, Germany’s Federal Court ruled that the shades of the foil Lindt used to wrap candy bunnies were protected as a trademark.
Lidl’s chocolate bunnies may be “prohibited” in Switzerland, but they can still be sold in Lidl stores outside Switzerland, the court ruling does not apply.
Neither Lidl nor Lindt responded to The Washington Times’ request for comment.