BianchiSchwald represents Lidl in “Easter bunny case” against Lindt

On behalf of its clients Lidl Schweiz and Lidl Schweiz DL (together “Lidl”), both of them belonging to the Lidl group, BianchiSchwald, represented by Christoph Gasser (pictured right) and Thierry Burnens (pictured left), has succeeded in a trademark and unfair competition dispute against the chocolate manufacturer Chocoladenfabriken Lindt & Sprüngli (“Lindt”).

The Court of Commerce of the Swiss state of Argovia concluded on September 16, 2021 that Lidl’s chocolate Easter bunnies as commercialized in Switzerland in 2017, neither infringed potential trademark rights of Lindt nor led to a violation of unfair competition law in view of Lindt’s chocolate Easter bunnies marketed in Switzerland at the time. Lindt is still free to file an appeal with the Swiss Federal Supreme Court.