In the preliminary examination of a copyright case take by confectionery company Haribo against Swiss chocolate maker Lindt, a judge in Cologne has spoken in favor of the latter.
The tension between the two companies stems from the packaging of Lindt's "Lindt Teddy" product, which Haribo argues could confuse shoppers who mistake it for their own fruity sweets.
Haribo has been manufacturing multi-colored gummy bears since 1967, and has held a global trademark for use of the term "Gold-Bears" in since 1975.
The normal Haribo gummy bear package features a cartoon bear wearing a red ribbon around its neck, while the Lindt product features a bear caricature printed on gold foil, with a real red ribbon wrapped around its neck.
Over the last two years, Haribo have indeed won copyright cases taken against Lindt over the issue, banning the swiss company from selling the 'Teddy' product.
But this morning a judge said that at this stage of the case, that he could not see any likelihood of confusion between the two products.
The case will continue on April 11.
© 2014 - European Supermarket Magazine by Enda Dowling
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