MLL: Lindt & Sprüngli successfully enforces its LINDOR “Pouring Shot” logo
In preliminary injunction proceedings initiated by Lindt & Sprüngli, the Commercial Court of the Canton of Aargau prohibited the use of a copy of Lindt’s trademark protected “Pouring Shot” logo on the packaging of chocolate truffes by a supermarket chain (decision of 23 July 2021, HSU.2021.12).
Lindt & Sprüngli initiated preliminary injunction proceedings before the Commercial Court of the Canton of Aargau based on trademark infringement and unfair competition against a supermarket chain in March 2021 which offered chocolate truffes in three varieties in packaging that displayed a nearly identical copy of the LINDOR “Pouring Shot” logo.
The “Pouring Shot” logo has been used intensively by Lindt & Sprüngli for several years on the packaging of and in advertisement for the popular “LINDOR” chocolate truffes.
In its decision of 23 July 2021, the Commercial Court of the Canton of Aargau held that the trademark protecting the “Pouring Shot” logo of Lindt & Sprüngli is a valid trademark. Contrary to the allegations of the counterparty, the trademark does not show a banal product design and therefore is inherently distinctive. Regarding trademark infringement, the Commercial Court reached the conclusion that the illustration used by the counterparty on its packaging is very similar to the trademark of Lindt & Sprüngli. Therefore, the relevant public will hardly be able to distinguish this illustration from the trademark protected “Pouring Shot” logo of Lindt & Sprüngli. Thus, the counterparty creates a likelihood of confusion by using the famous illustration on their packaging for chocolate truffes. The Commercial Court of Aargau finally granted the preliminary injunction requested by Lindt & Sprüngli.
As the case was recently settled, a request for confirmation of the preliminary injunction (Prosequierung) in ordinary proceedings was finally not necessary.
MLL represented Lindt & Sprüngli in the mentioned trademark enforcement proceedings. The team was composed of MLL’s attorneys-at-law Peter Schramm (partner, pictured) and Louisa Galbraith (senior associate).
