By Peter McLaren-Kennedy •
Published: 30 Sep 2022 • 15:04
Aldi Chocolate Bunny - offers KD2 org
The company, which lost the case in a Swiss court today Friday, September 30, will not have to recall all the bunnies and either melt them down or destroy them.
Lindt had argued the lookalike bunny deserved copyright protection from a similar product sold by the budget supermarket and the court agreed to overturn a ruling last year in the country’s commercial court.
The court said all lookalike bunnies must be destroyed immediately, although it suggested the chocolate should not be wasted.
In its verdict, the court said: “Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed.
This is not the first time Lindt has been to court to protect its popular Easter treat with a German federal court saying last year that the shade of the gold wrapping was also protected.
Lidl and Aldi, the two budget supermarkets, have been in court frequently over claims of copyright infringements including Marks and Spencer settling with Aldi earlier this year after claiming the Cuthbert cake was too similar to its own Colin the Caterpillar.
Lidl told to destroy all its gold chocolate bunnies will come at a significant cost and will the likes of Lindt are hoping will stop the company from infringing copyrights.
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Originally from South Africa, Peter is based on the Costa Blanca and is a web reporter for the Euro Weekly News covering international and Spanish national news.
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