Lindt loses Easter bunny battle

http://www.guardian.co.uk/business/2013/mar/28/lindt-loses-easter-bunny-battle

Version 0 of 1.

The Swiss chocolatier Lindt & Sprüngli has lost a court battle to protect its gold foil-wrapped Easter bunnies from being imitated by a German rival.

Lindt, which traces its origin to a Zurich confectionery shop in the 1840s, had been battling Riegelein Confiserie, but Germany's federal court of justice rejected a final appeal by the Swiss firm on Thursday.

"We are very glad this case has found a happy ending for us after some 12 years," Peter Riegelein, head of the eponymous family-owned business, said. "The sitting gold-wrapped bunny has been a firm part of our offering for at least a half century. Now it is finally clear that it can stay as it is."

Lindt said it would respect the decision, though it does not share the court's judicial interpretation. "Lindt & Sprüngli invests substantial amounts into advertising and promotion to further increase the degree of brand awareness," a spokeswoman said. "We will continue to defend our Lindt gold bunny in the future whenever necessary."

Last year, the EU court of justice upheld a decision of the bloc's trademarks agency, Ohim, which rejected Lindt's application to trademark its sitting bunnies, which are wrapped in gold foil with a red ribbon bow tie.

Earlier last year, however, an Austrian court ruled that another family-owned rival, Hauswirth, could no longer produce Easter bunnies that resembled those made by Lindt.