German court ends Lindt chocolate bunny row

Germany’s highest court on Thursday ended a long-running trademark dispute over the Lindt chocolate bunny, one day before the Easter weekend.

The German Federal Court rejected a final appeal from Swiss chocolate-maker Lindt to stop German rival Confiserie Riegelein making chocolate rabbits, which are similar to Lindt’s bunnies wrapped in gold foil with red ribbons round their necks.

Both companies have been making chocolate rabbits since the 1950s and, after Lindt trademarked its bunny in 2001, it sued Riegelein. Thursday’s decision, which has not been published, ends a 12-year dispute between the companies in Germany.

The ruling was the third time the case has come before the Federal Court. Previous rulings have said Riegelein’s bunnies do not have red ribbons round their necks, they are wrapped in a darker foil and their facial expression are different to Lindt’s, meaning there was no likelihood of confusion.

Peter Riegelein, managing partner at the German chocolate maker, said he was “of course delighted” and the decision spelled a “happy ending” for the company.

Lindt did not respond to a request for comment.

In 2011, an Austrian court ruled that Lindt can stop rival chocolate maker Hauswirth from manufacturing Easter bunnies that resembled Lindt’s rabbits.

But last year, the Court of Justice of the EU delivered a final blow to Lindt’s attempt to register a Community trademark for its famous chocolate bunny, saying it was devoid of distinctive character.

In another dispute, in Germany, a regional court in Cologne ruled last year that Lindt’s chocolate bear wrapped in gold foil and wearing a red ribbon is a visual representation of ‘gold bear’, the trademarked name under which packets of multi-coloured Haribo gummy bears are sold.