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Lindt Loses Easter Bunny Trademark Case


Ernst Tanner, CEO of Swiss chocolatier Lindt & Spruengli poses beside a giant 'Goldhase' rabbit in Kilchberg near Zurich, Switzerland. Mar, 15, 2011.
Ernst Tanner, CEO of Swiss chocolatier Lindt & Spruengli poses beside a giant 'Goldhase' rabbit in Kilchberg near Zurich, Switzerland. Mar, 15, 2011.
Swiss premium chocolate maker Lindt & Spruengli has lost a court battle to protect its gold foil-wrapped Easter bunnies from imitation by a German rival.

Lindt, which traces its origins to a Zurich confectionery shop set up in the 1840s, has been fighting German chocolate maker Confiserie Riegelein since 2000 to try to stop it producing similar chocolate bunnies.

But Germany's Federal Court of Justice rejected a final appeal by Lindt & Spruengli on Thursday.

"We are very glad that this case has found a happy ending for us after some 12 years," Peter Riegelein, head of the family-owned German business, said in a statement.

"The sitting gold-wrapped bunny has been a firm part of our offering for at least a half century," he said. "Now it is finally clear that it can stay as it is."

Lindt will respect the decision even though it does not share the court's judicial interpretation, a spokeswoman said.

"Lindt & Spruengli invests substantial amounts into advertising and promotion to further increase the degree of brand awareness," she said. "We will continue to defend our Lindt gold bunny in the future whenever necessary."

Last year, the European Union Court of Justice (ECJ) upheld a decision of the EU trademarks agency OHIM, which rejected Lindt's application for a trademark of its sitting bunny shapes wrapped in gold foil with a red ribbon bow tie.

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

    Reuters is a news agency founded in 1851 and owned by the Thomson Reuters Corporation based in Toronto, Canada. One of the world's largest wire services, it provides financial news as well as international coverage in over 16 languages to more than 1000 newspapers and 750 broadcasters around the globe.

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