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Published 14:56 30 Sept 2022 BST
"Given the overall impression produced, Lidl’s bunnies arouse obvious associations with the shape of Lindt’s," the court found, adding that: "In the public mind, they cannot be distinguished."
[caption id="attachment_361356" align="alignnone" width="2048"]
Bye bye Lidl bunnies (Image: Getty)[/caption]
The supermarket has therefore been banned from selling the bunnies and forced to destroy all remaining stock.
While melting bunnies may sound sad, the verdict did say: "Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed."
So hopefully they'll at least get reincarnated into another chocolate species.
[caption id="attachment_361358" align="alignnone" width="2048"]
This bunny is one of the brand's top-selling products (Image: Getty)[/caption]
The decision, which was reached by Switzerland's highest court on Thursday, comes following years of bunny battles between the companies. Lindt sued Lidl in 2018, claiming that customers would get confused between the chocolate bunnies despite there being some differences. A commercial court in Switzerland dismissed it.
Lindt, which has had a trademark on its bunny since 2001, has taken down multiple chocolate bunnies across Europe.
The company had a seven-year battle with Austrian chocolate-maker Hauswirth, which even came before Europe's top court, before Hauswirth was ordered to stop making chocolate bunnies in 2011. A German court also gave Lindt a legal victory in 2021, ruling that the company's golden foil was trademarked.
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