German confectionary giant Haribo has won a trademark infringement case against Swiss chocolatier Lindt & Sprüngli in a German court. Haribo maintained that Lindt's chocolate bear product, wrapped in gold foil with a red ribbon tied around its neck, infringes upon its ‘Goldbär’ (‘golden bear’) jelly sweets, and could cause confusion among customers.
Lindt claimed that the difference between the products, in that its bears are made of chocolate as opposed to Haribo's multi-coloured fruit jellies, and are much bigger in size, would not confuse consumers. The Cologne regional court dismissed the Swiss company's argument that Lindt chocolate bears are an extension of its iconic chocolate bunny. The court ruled that the appearance of Lindt’s product would inevitably lead consumers to think of Haribo’s products and has banned sales of the chocolate bears. Lindt can appeal this judgement to a higher court. (19 Dec)
© 2012 - ESM: European Supermarket Magazine
