Lindt & Sprungli’s (“Lindt”) finally have a trade mark for its chocolate bunny. After years of court battles and failing to obtain protection for the shape of its bunny, Lindt changed its approach and have registered a trade mark for the shade of its gold foil.
Lindt put forward market research that showed almost 80% of consumers associated the gold colour with its company. However, the regional court, located in Munich, disagreed Lindt even had a trade mark on the basis that Lindt uses different wrappers for its products. Lindt appealed to the German Federal Court, to determine whether its gold wrapping could be recognised as a trade mark. The Federal Court held the findings were sufficient enough and ruled in Lindt’s favour.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or firstname.lastname@example.org.Posted by: Megan Walker in: EU/International, Legal News, Trade Marks