MLL Legal has successfully represented Lindt & Sprüngli against Lidl regarding the trademark protection for the “Lindt Gold Bunny”. With Judgment of 30 August 2022 the Swiss Federal Court has fully granted Lindt & Sprüngli’s injunction against Lidl and has prohibited Lidl from producing and distributing copies of the Lindt Gold Bunny. This Judgment implies that Lidl is no longer allowed to sell Gold Bunny look-alikes in Switzerland and must destroy any remaining stock.
The injunction relief was filed in 2018 with the Commercial Court of the Canton of Aargau, requesting that Lidl be prohibited from advertising, offering or selling its similar looking chocolate bunnies packaged in golden foil or in a different color. The Swiss Federal Court as the highest instance court has upheld Lindt & Sprüngli’s infringement claims and prohibits Lidl from distributing these similar products.
The ruling of the Federal Court 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 jurisdictions.
The MLL Legal team consisted of partner Peter Schramm (IP, pictured left) and senior associate Louisa Galbraith (pictured centre). The Lindt & Sprüngli IP team was led by Livia Andermatt (pictured right).