A German court has ruled that Lindt’s iconic Gold Bunny wrapper is a trademark of the over 175-year-old chocolate company.
Lindt & Spruengli’s Gold Bunny is one of the Swiss brand’s best-selling products on store shelves during the Easter holidays.
Meanwhile, German chocolatier Heilemann began marketing their own chocolate bunny in a gold foil wrapper in 2018, which Lindt argued had infringed on a trademark of their cottontail confection.
The Associated Press reported that a state court in Munich initially ruled against Lindt’s claims in 2020, but Germany’s federal court said otherwise — agreeing that the company had achieved trademarked status by default, referring to market research that showed 70% of consumers surveyed think of Lindt’s Easter bunny when they see the specific shade of gold.
The fact that this particular shade of gold is not used anywhere else in Lindt’s lineup was of no consequence.
Germans have enjoyed Lindt & Spruengli’s Gold Bunny during the spring holidays since 1952, incorporating the gold hue into its wrapper later, in 1994. As of 2017, their chocolate bunny ate up a 40% market share of all chocolate bunnies sold at that time of year.
The case is headed back to Munich’s state court to decide if Heilemann willfully violated the trademark