Retailer ordered to ‘destroy’ its golden bunnies in win for Lindt

The face-off pitted two chocolate bunnies against each other and only one, it seemed, could survive.

As a result, the court decreed that Lidl can no longer sell its bunnies in Switzerland and “must destroy” the chocolate bunnies it still has in stock, according to a statement from the court. “In essence, it appears as if the Swiss Federal Supreme Court had adopted a result-oriented approach in its legal reasoning, trying to protect Lindt’s Easter bunny, despite some significant departures from prior case law,” he wrote in an email. “While we accept the Swiss Federal Supreme Court’s decision, we feel that it has done a disservice to Swiss intellectual property law.”

At Godiva, he said, “we were always very cognisant of what their chocolate bunnies look like and what protections they had”.“Lindt is very, very aggressive as far as trying to stop other competitors from quote-unquote infringing on their trademark and their product, and they’ve been very, very particular about their Easter bunny, which they claim to have ironclad protection for,” he said.

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