Lidl has been ordered by a Swiss court to stop selling a gold chocolate bunny which is considered a copycat of one popularised by Lindt.
The country’s federal court has stopped the German discount retailer from selling the Favourina rabbit in Switzerland after proving the public could be easily confused.
Lidl will also have to destroy its Swiss chocolate bunnies, although it is understood this will mean the chocolate will be melted for other products rather than thrown away.
"Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed,” the court summary read.
The ruling applies to the Lidl Schweiz and Lidl Schweiz DL brands in Switzerland which can no longer sell the Favourina.
Lindt has been chasing a settlement to protect the bunny, one of its best selling products, since 2018 but the Swiss commercial court last year threw the case out.
However, upon appeal the company, whose full name is Lindt & Spruengli, have now won with the higher court conceding the two products were likely to be confused even though there were some differences between them.
“In the public mind, they cannot be distinguished,” the court ruled. “Given the overall impression produced, Lidl's bunnies arouse obvious associations with the shape of Lindt's.”
Lindt was able to prove the similarity through surveys, which showed public recognition of the gold bunny brand.
Lidl told the AFP it could not provide “any information concerning legal proceedings which are still ongoing”.
It follows a move by Germany's federal court, which ruled last year that the gold tone of its foil-wrapped Easter bunny had trademark protection.
Lidl has been approached for further comment.
